By Anonymous - 25/03/2015 12:23 - United States - Woodbridge

Today, I got fired for having a visible tattoo on my neck. The tattoo in question is a scar from a surgery I had 2 months ago. The same one paid for by my employer's insurance and missed 2 weeks of work for. FML
I agree, your life sucks 35 291
You deserved it 2 263

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Charles900 16

How can they possibly be dumb enough to mistake that for a tattoo? Even if they had a rule, your boss had no right to fire you for a surgical scar. If you have to, you can sue for wrongful termination.

josiemorehouse 12

That's not right, OP. That's a wrongful termination. You can obviously prove it's a scar rather than a tattoo. Depending on where you live, you should fight it!!

Comments

randomheartthrob 7

Contact hr. They should be able to do something cause that's not a Reason to fire anyone unless your company has a no visible tattoo rule.

josiemorehouse 12

Even if the company does have a 'no visible tattoo' rule, it doesn't apply in this situation since it's a scar and not a tattoo.

randomheartthrob 7

I miss read that. I thought it was a tattoo that covered a scar

I think a lot of people thought that too, in fairness. I did at first!

How could they even mistake that for a tattoo...

anonymous100000 17

sue them

#21 it would be easier to just call hr rather than escalate in court

Some people get tattoos that look like scars. It's a little odd, but it adds character I spose

I'm assuming they thought it was a white tattoo? That's the only way I see the scar resembling a tattoo. Sometimes those little white tattoos look like scars.

I'm assuming they wanted rid and were trying to find any excuse possible.

josiemorehouse 12

That's not right, OP. That's a wrongful termination. You can obviously prove it's a scar rather than a tattoo. Depending on where you live, you should fight it!!

Isn't stuff like this protected by American's with Disabilties? Maybe contact them

No, I wouldn't think ADA would protect against this, but it's definitely illegal, like they said I'd contact HR and contact an attorney specializing in that sort of thing to definitively figure out what laws were violated

OP lives in Virginia. Legally, an employer here can fire you for anything. My grandmother's favorite example is, "They can fire you if they don't like the color of your socks." They don't need a reason.

I think what OP is hinting at is that they believe their employers real reason was for missing work for two weeks and using his insurance, and that the tattoo was just given as a reason

Even if they can fire you for anything, they said it was because of his tattoo, and he doesn't have a tattoo. Wouldn't that still be considered wrongful termination?

51 - Not really. They may have fired the OP because of a misunderstanding, but that doesn't make it illegal. It's only really illegal if it was due to discriminatory reasons.

also they can fire you if you signed an at will employment agreement. thus, it might be legal

Even though they may not need a reason there in Virginia, all 50 states in the US are covered by Federal laws that prevent employers from not hiring and firing of people due to discrimination based on age, gender, race, or disability. Though this obviously is not a disability, it can fall under it in a court of law, if it came to that. It would be considered the result of an injury being the cause of dismissal, and thus can be brought in, in a sort of loophole. I'm not saying OP should sue right away, he/she should talk to HR first, and if they can't resolve it, then take it to court. Proceedings such as this usually don't take very long, and as OP will likely win, may also be awarded what they would have made during the time of unemployment as restitution.

Charles900 16

How can they possibly be dumb enough to mistake that for a tattoo? Even if they had a rule, your boss had no right to fire you for a surgical scar. If you have to, you can sue for wrongful termination.

They knew it wasn't a tattoo, they just didn't want to pay out any more insurance for you.

That sounds like a lawsuit to me. They paid for it and then they turn around and fire you because they claim its a tattoo? Yeah, I wouldn't take bullshit like that. If it was your boss that fired you, take it up with HR and show them any documents you have that shows they paid for the surgery. If it was HR that fired you, I'd be talking to a lawyer if you can.

Hey, they paid for your surgery, so now with your wrongful termination lawsuit they'll pay for a new house too! It's not worth working for the stupidly incompetent if you can get out of it ahead

finalyearsofhate 22

That's pretty illegal. Discrimination isn't cool. Talk to hr, and a lawyer if need be.

On one hand a trip to HR could solve this problem, but on the other you could see this as an opportunity to find a new and better job. Whatever you do end up doing good luck to you. I'm sorry about this.

kelardy 11

if they do know it's a scar they are probably justed pissed off they had to pay workman's comp and using it as an excuse to fire you seeing as they might think that you are accident prone now and don't want the chance of you having to claim more workman's comp

Cassie4840 7

Hopefully you don't live in a right-to-work state, where they don't even need a valid reason to fire you, so you can fight it!

Virginia is, in fact, a right to work state, so the OP is pretty much screwed.

I thought 'right to work' had to do with unions as opposed to 'at will'.

unamor07 3

Yea at will is what OP would have to worry about not right to work. OP should seek legal advice on this because that's not a valid reason to be fired for especially if you have documentation on the procedure and a doctors agreement that it is a scar not tattoo