Should a company be able to fire you if you smoke?

[Roadie]

So, my wife's company has set forth new rules on smoking. You can't smoke within 100ft of the building, and you can't smoke on breaks or lunch, even if you are off property.

If you "smell like smoke" you will be sent into a smoking cessation classes, 2nd incident write up,
3rd, FIRED.

OK, first of all, I want my wife to quit smoking, I hate it, but logically, I see it this way..

1. No smoking on property? Cool, their house, their rules, you are on their clock..
2. No smoking on break? Cool, their house, their rules, you are on their clock..
3. No smoking on your unpaid lunch?? NOT their house, you aren't on their clock.. THAT is where I think it crosses the line, personally.

Thoughts?

 

[jd4320t]

Without giving too much detail what type of environment does she work in?

 

[Roadie]

Without giving too much detail what type of environment does she work in?

Haven't through about it from that angle..

She works in a hospital..

 

[hooky]

I get the no smoking on the property piece of this. I don't like it, but I get it.

The "smell like smoke get written up" piece of this is so far out of bounds...

Hope you don't have a fireplace or wood burning stove at your house and work there. Absolutely crazy IMO.

 

[badwolf.usmc]

Take up dipping.

 

[jd4320t]

Haven't through about it from that angle..

She works in a hospital..

I assumed so. I've heard of other hospitals with policies like this.

 

[mrjarrell]

Your wife must work for one of the hospitals I was reading about this morning. Sucks, but he who has the gold makes the rules. While I disagree that they should have any say off the clock and off the property, it's the way lots of businesses are going. If they can shave a few bucks off their insurance costs this way, they'll go for it. Indiana is an "at will" work state and that's what they'll say, when push comes to shove.

 

[hooky]

Your wife must work for one of the hospitals I was reading about this morning. Sucks, but he who has the gold makes the rules. While I disagree that they should have any say off the clock and off the property, it's the way lots of businesses are going. If they can shave a few bucks off their insurance costs this way, they'll go for it. Indiana is an "at will" work state and that's what they'll say, when push comes to shove.

What if she comes back smelling of McDonalds?

What if she brings a sandwich for lunch that has processed lunch meat in it?

What if she has a post-it note reminding her to buy butter on the way home from work?

Where does it end?

 

[mrjarrell]

What if she comes back smelling of McDonalds?

What if she brings a sandwich for lunch that has processed lunch meat in it?

What if she has a post-it note reminding her to buy butter on the way home from work?

Where does it end?

No-one forces anyone to work in this state. If you dislike your employers rules, (no matter how asinine), you may go elsewhere. When enough people refuse to work there or quit then that employer will change their rules. If enough people agree with them and staffing remains high, then they'll keep doing as they wish. It's the way of the world.

 

[lovemachine]

I think if smelling like smoke affects your job, production, etc...then yes. They should be able to fire you.

BUT if it doesn't affect any of that, they should not be able to fire you.

 

[Westside]

It has already been said. But, IN is an at will employment state so they can fire you if you smile funny or for no reason at all.


I have no problem with a business that says employees can't smell like smoke. It is their business and they should be able to run it as they see fit. there is nothing stopping your wife from working at another business. She chose her current place of employment she could choose another.

Just like with guns you can choose not to patron or work for a business with a no weapons policy or you can choose to patron them and or work there.


Since she works at a hospital she is around the ill and people who are more sensitive to substances. Every one knows that smoking irritates peoples' respiratory system, therefore if you work in a place where there is a disproportionate amount of people sensitive to the smell of cigarette smoke. It only makes since to say that employees are not allowed to smell like smoke.


And just to be clear the rule doesn't say "you can't smoke on you unpaid lunch break" it just says "you can't smell like smoke". I would think this would be regardless of the time of day. Unless I missed something in your original post.

So, if she can figure out a way to smoke and then not have any lingering odors after she finishes smoking she will be fine.

 

[redneckmedic]

Yes, they should also be allowed to fire you if you own a gun, or don't own one, or participate in a forum with other people who own them.... in the long run, it's their gain or loss only depending on job performance/production.

 

[hooky]

No-one forces anyone to work in this state. If you dislike your employers rules, (no matter how asinine), you may go elsewhere. When enough people refuse to work there or quit then that employer will change their rules. If enough people agree with them and staffing remains high, then they'll keep doing as they wish. It's the way of the world.

I understand where you're coming from and wasn't challenging what I quoted from you, but at some point these rules will continue to become even more intrusive. They won't hold up in a court of law (hopefully).

 

[JohnP82]

What if she comes back smelling of McDonalds?

What if she brings a sandwich for lunch that has processed lunch meat in it?

What if she has a post-it note reminding her to buy butter on the way home from work?

Where does it end?

I think it is overboard. I also do not agree with the smoking ban many cities have implemented. If you own a private business it should be you the owner's choice whether or not to allow smoking in your establishment.

 

[Westside]

I think if smelling like smoke affects your job, production, etc...then yes. They should be able to fire you.

BUT if it doesn't affect any of that, they should not be able to fire you.

Since we are discussing working in a hospital what if the smell of smoke caused a person to have a respiratory problem and then die as a result.

YES, I am being hypothetical but it is not out of the realm of possibility in a hospital.

 

[nate1865]

It's pretty sad when people get in a position where their employer has so much leverage with their paycheck over them that they can control such minutia.

I suppose the same question could be asked of the employee. Can you fire your employer because they insist on draconian anti-smoking policies?

I don't agree with it, but they clearly don't support employees that smoke. If you smoke, I'd look for a place where you will fit in better.

 

[hooky]

Yes, they should also be allowed to fire you if you own a gun, or don't own one, or participate in a forum with other people who own them.... in the long run, it's their gain or loss only depending on job performance/production.

Have to spread it around. I owe you rep for this.

 

[Westside]

Have to spread it around. I owe you rep for this.

i got him for you.

 

[lovemachine]

Since we are discussing working in a hospital what if the smell of smoke caused a person to have a respiratory problem and then die as a result.

YES, I am being hypothetical but it is not out of the realm of possibility in a hospital.

Then that would affect your job, production, etc...

The company should be able to fire you for that.

BUT if you smelling like smoke doesn't affect any of that, then they shouldn't be able to.

 

[redneckmedic]

BTW folks, there is a simple solution to this... Be your own boss.

Then again, you have a whole new PITA to deal with, in the regulations dept.