Ending the employment relationship can sometimes be difficult and often, those responsible for facilitating the termination are so relieved to have it all over that they don’t worry about pursuing the return of seemingly insignificant employer property, like used uniform items.
Ending the employment relationship can sometimes be difficult and often, those responsible for facilitating the termination are so relieved to have it all over that they don’t worry about pursuing the return of seemingly insignificant employer property, like used uniform items.
The return of uniform items at the end of employment, particularly those with company branding, can seem like quibbling over something small. However, the purpose of pursuing the return of such property is not necessarily to recycle clothes for a new employee, but to protect the employer’s brand and reputation.
Consider, for example, a situation where a former employee (or some unrelated third party in possession of the uniform) appears in an image or video online committing acts or promoting views that are inconsistent with the employer’s values. This type of negative publicity can be particularly damaging and is, for the most part, easily avoidable.
How can employers ensure that employee uniforms are returned at the end of the employment relationship?
- Maintain control over uniforms by keeping uniforms on the premises – for example, an employer may allocate uniform items to employees to wear during their shifts, provide appropriate change room facilities for employees to change into their uniform and provide a laundering service to ensure that uniforms are cleaned for employees. This type of arrangement will ensure that uniforms do not leave the employer’s premises. Employees should have no need to wear the uniforms outside of the workplace or remove them from the premises.
- Include a “return of employer property” clause in all employment contracts, including specific reference to the return of uniforms – not only does this approach set up an early expectation (at the commencement of employment) but it also gives the employer a contractual right to rely on when demanding the return of uniform items at a later date.
- Include the return of uniforms in a termination checklist – remembering which loose ends to tie up at the conclusion of the employment relationship can be challenging. Having a checklist to remind employers of what needs to be done can be helpful in this regard. Including the return of uniform items on this checklist will help to remind managers that returning any uniform items is an essential part of the termination process.
- Make a formal written request for the return of uniforms – if an employer forgets to ask an employee to return their uniform at the time of termination, they can follow up with a written request after employment has ended. This might take the form of an email or a letter to the employee’s last known address.
- Seek assistance from a legal advisor and/or the courts – where all direct attempts by an employer fail, they may consider consulting with their legal advisor about how the matter can be escalated. This may involve seeking orders from a court for the return of property or an injunction restraining the former employee from wearing the uniform items. Usually, this type of relief is only available in serious circ*mstances and can be a costly process.
In summary, employers should not forget that uniform items supplied to employees are the employer’s property and should be returned on termination of employment. The consequences for failing to seek the return of uniform items can be serious and can include damage to brand and reputation.
Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.
FAQs
The employee is legally required to return the uniforms and your best option is to file a Small Claims action alleging Conversion and Unjust Enrichment.
Do I have to return my uniform to Chick-fil-A? ›
Chick-fil-A has a few interesting rules regarding maintenance and ownership of its employee uniforms. Team Members leaving Chick-fil-A are required to return their uniforms "clean and pressed." As a guarantee of compliance with this rule, Chick-fil-A reserves the right to hold the final paycheck hostage.
What is the uniform policy in the workplace? ›
What is an employee uniform policy? This policy sets the guidelines for all employees who are required to wear designated uniforms during work hours, including arrival and departure times. Having a well-structured employee uniform policy benefits both the organization and its employees.
What is an example of a uniform agreement? ›
Uniforms are considered company property. Upon issuance, uniforms become the responsibility of the employee but owned by [Company Name]. You agree that, as an employee of [Company Name], you will wear the designated uniform declared here and represent the company brand by upholding a professional image.
What happens if I don't return company uniforms? ›
If an employer reviews state wage deduction and wage payment laws to find they cannot deduct from pay, then an employer might consider invoicing the employee for cost of the equipment or pursue the matter by taking the former employee to small claims court to receive a legal judgment against that person for the cost of ...
Can you mail a uniform back to the company when you quit? ›
If your uniform is provided for use while employed and you did not pay for it, generally yes you must return it. It is still property of the employer unless otherwise notated. If they state that you can keep it in your contract or other things that you sign then you can keep it.
Can you keep a McDonald's uniform? ›
If you leave our employment, you must return all pieces of your uniform which would include 1 crew hat and 2 crew shirts. In the cold weather, long sleeved shirts either red, black or white can be worn under your uniform shirt.
Can I wear my hair down at Chick-fil-A? ›
Can you wear your hair down if you are a back of house team member? No you always have to put your hair up regardless.
Can you have red hair at Chick-fil-A? ›
Natural hair coloring is acceptable. Unnatural colors (for example, pink or blue) and eccentric styles (for example, Mohawks or shaven words, symbols, logos, etc.) are unacceptable.
Can an employee refuse to wear a uniform? ›
It is important to note that there are currently no federal laws that specifically outline what types of dress codes are permissible and what types are not permissible at work. Further, the Fair Labor Standards Act (“FLSA”) does not state that an employee must wear a uniform to work.
A uniform policy explains how the company uniform should be worn, what is acceptable (and what is not), and the implications if these guidelines are breached. We break down the benefits, what to include and a free uniform policy template to get you started.
What is the uniform allowance policy? ›
What Is An Allowance. An operating unit head or other delegated authority may pay a uniform allowance not to exceed $800 annually (exclusive of the cost of protective clothing under 5 U.S.C. § 7903) to an employee who is required by statute, regulation, or the written procedure of a bureau or Office to wear a uniform.
What is the uniform law in the United States? ›
Upon approval by the National Conference a Uniform Law is not law anywhere in the United States. It is simply a legislative proposal addressed to fifty state legislatures. During the history of the Conference, roughly half its proposals have not been adopted by a single state.
Do I have to wear a uniform at work? ›
However, this is not a legal requirement and we are aware that some nurseries are making staff pay for their own uniform. If an employer requires employees to pay for their own uniform, they can only do this legally if there is a specific clause in your contract of employment enabling them to do so.
Are uniform laws binding? ›
A uniform law becomes a binding statute in a state when the executive committee and the commissioners pass it. A uniform law does not become a binding statute until the state legislature has passed it.
Do you have to return your uniform when you leave the military? ›
(d) A person who is discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force may wear his uniform while going from the place of discharge to his home, within three months after his discharge.
Can you keep your uniform after discharge? ›
A person who is discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force may wear his uniform while going from the place of discharge to his home, within three months after his discharge.
Does the military let you keep your uniform? ›
All other uniforms and uniform parts remain the property of the armed forces. You are allowed to wear one uniform home. You may continue wearing your uniform for up to three months after your honorable discharge.
Do you return army uniform? ›
Sure, the departing service member will have to return issued gear and equipment, but ordinarily many will have a bunch of old military uniforms and no further requirement to wear them.
