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Tobacco will be illegal before we know it!

PetersCreek said:
Do I think this sucks? Yeah, I do. Would I be pissed if I worked at this company? Yeah, I would. Do I think this is legal? Yeah, I think it probably is.

Me, I'd have a care with trying to play the discrimination card, lest we start to sound like some the ninnies running around trying to manufacture "rights" out of whole cloth. Discrimination isn't always illegal or immoral. If I were a business owner, I wouldn't hire someone with green, fuzzy teeth and breath like yak ass to be the public face of my company in a customer service position. Likewise, if a gun-grabbin' jerk-wad wanted to exercise his right to wear t-shirts with those kinds of slogans, I'd sure as hell exercise my right to not have that sentiment associated with my good business name and image. Some folks feel the same way about smoking. As strongly as you and I disagree with 'em, it isn't our business to run.
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Well said sir! I think you have some good points.
 
tomthirtysix said:
bfreebern said:
Cheaper insurance I'm guessing.
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But, if that was the case, they would have to stop you from smoking all together, not just when at work. I really doubt stopping while at work would lead to cheaper rates.
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Yeah, I thought about that after I posted. Hell, if you work 8hr shifts, you're still cutting out 1/3 of your smoking :laugh:
 
bfreebern said:
tomthirtysix said:
bfreebern said:
Cheaper insurance I'm guessing.
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But, if that was the case, they would have to stop you from smoking all together, not just when at work. I really doubt stopping while at work would lead to cheaper rates.
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Yeah, I thought about that after I posted. Hell, if you work 8hr shifts, you're still cutting out 1/3 of your smoking :laugh:
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A lot of people here work two twenty four hour shifts a week. :whistling:
 
jfields said:
To: All Employees

CC: Personell File

Re: Smoke Free Policy

As you all know, beginning June 2, 2007 >company name here< will become a smoke free workplace. Please take a minute of your time to look over what that decision will entail and how it will affect you if you are a smoker.

Use of ANY tobacco product will be prohibited during working hours or on company property at anytime. As long as you are on the clock, you will not be permitted to smoke cigarettes, cigars, chew, or dip. If you choose to smoke during your unpaid break time, you must physically leave the company property. If you are at a restraunt and wish to smoke before returning to your truck, you cannot be in sight of any >company name< vehicle.

There will be no tolerance for any person caught smoking, or chewing any tobacco product. If any employee is seen smoking or chewing tobacco, disciplinary action will follow including the possibility of immediate termination. If you are uncertain about anything, or don't understand the policy, please speak with your supervisor so they can answer any questions for you.

By signing below you acknowledge that you have read the above and completely understand the Smoke Free Policy.
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This is a big deal. Notice how the part I highlited does not qualify this as "during working hours".

I wouldn't sign it until this was corrected, in writing. I might also insist that they add a statement along the lines of "No employee will face dismissal or reprimand for the use of tobacco products on his or her own time while not on company property."

It's lousy, no matter how you slice it.....B.B.S.
 
OK here is my .02 regarding this whole issue.

1. If you are not a contractual employee you are considered an "at will" employee. What that means is if you did not sign a contract that defined the duration and compensation for your employment then you are generally an "at will" employee. That means you may leave at any time and work for anyone else. Conversely your employer can fire you at any time for any (almost any really) reason. A contractual employee may leave before the contract ends but may be prohibited from working int he same field in a geographical area (even this is on unsteady ground in the courts) and if the employer terminates the contract before the anticiapted date without good reason they may have to pay the contract.

What this means for you is that you either HAVE to sign the document or you may be fired. Your employer, if you are an "at will" employee can change the conditions or employment at any time as long as they do not act in a discriminatory way as currently defined by the courts. Currently, to my knowledge, tobacco users are NOT a protected class and therefore may be discrinated against.

If I were you, I seriously WOULD NOT sign it.
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May feel good but it could get you fired.

I am not a butt smoker, nor a chewer, and I only smoke 1 -3 cigars a week (at home or in my local shop), this seems like discrimination to me...
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Unfortunately for there to be discrimination the aggrieved party must be in a recognized protected class such as handicapped, minority etc. As far as I know tobacco users are not considered a protected class.

Employers have the right to control your behaviour (when not discriminatory under current law) while you are "on the clock" and on (or using) their property.

I still do not know how they can get away with this. It was not in the contract that you signed as a condition of employment when you were hired.
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Many people feel this way but they would be wrong. Most of us are considered to be "at will" and the "contract" of employement that you refer to is nothing more than your agreement "at that time" to abide by the company rules. Most of these company rules will also include the proviso that they may be changed at any time.

You either sign or leave.

2. That "so called" contact needs some work though and may be challenged as vague. I would not think that employer can enforce such regulations on your off-duty time (thought some have and I cannot recall off the top of my head any court rulings on this issue) and some passages seem to me may be interpreted as such. Also enforcement of this also appears to be a problem.

How will you be proven to have violated the rule? Someone calls in and says I saw him/her using tobacco? Can a co-worker who may not like another co-worker make a false claim and get the other fired. I would definately ask and require that specific enforcement guidelines and such be specifically delineated within this so-called "contract".

Well that is just my opinion and in no way should anyone reading this construe it as legal advice or that an attorney/client relationship has been created. The laws in your state may be different so if you are concerned about your legal rights be sure to consult with an attorney familiar with employment laws in your state.

Good luck to you.


- Jason
 
bfreebern said:
Rod said:
Regardless, it's discrimination and I'd fight it. I see what you're saying, I'd just see how far I could push back. Eating McDonald's isn't a right either. ;)
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I fully understand where you're coming from and agree. BUT, if they are paying you to do a job, they pretty much own what you can and can't do while on their clock earning a paycheck from them.

Now, if they said you couldn't rub one out in the bathroom jfields, then I'd file a complaint :sign:
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I assume this ludicrously stems from health issues? What if the letter said "Effective June 2, 2007 you are no longer allowed to be fat on company property! If you are caught being fat within sight of a company vehicle it'sgrounds for termination".

I'm guessing, employee or not, it wouldn't go over!

Edited to add.................What is the driving force behind all of this? You can always follow the money to the source so what is it? Did the tobacco industry do something which we are not aware of to piss off the pope?
 
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