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

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  • IndyBeerman

    Was a real life Beerman.....
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    Good logic, unfortunately it won't happen. Burning tobacco, much like burning marijuana, has it's own distinctive odor. It is highly unlikely that an employee exposed, very briefly during their lunch break, to grill smoke from a vendor is going to be confused with an employee who has smoked two cigarettes or so during their lunch break. The odors are entirely different, and it wouldn't being difficult at all for HR and Management personnel to attend a "controlled burn" of burning tobacco so they can identify the odor and residual odors.


    You fail to see what I am saying....

    You're standing in line at your favorite hot dog vendor that you visit 2 or three times a week because they have awesome dogs, while standing there a person behind you lights up and the wind blows the cigarette smoke past you. You will smell like smoke, there is no if's and's or butt's about it.

    I've made deliveries before where I merely walked into the bar to collect a check for 15 seconds and walked out smelling like I had been in a closed car all day with smokers and saturated by the smell.

    It's a can of worms that is going to be real messy when it gets opened up.
     

    Roadie

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    You fail to see what I am saying....

    You're standing in line at your favorite hot dog vendor that you visit 2 or three times a week because they have awesome dogs, while standing there a person behind you lights up and the wind blows the cigarette smoke past you. You will smell like smoke, there is no if's and's or butt's about it.

    I've made deliveries before where I merely walked into the bar to collect a check for 15 seconds and walked out smelling like I had been in a closed car all day with smokers and saturated by the smell.

    It's a can of worms that is going to be real messy when it gets opened up.

    Exactly.

    This kinda runs hand in had with the "Parking Lot" bill. What people failed to realize is that by banning guns in cars at work, you were also affecting the employees ability to protect themselves on the way to, and home from, work..

    The similarity is that an employee at my wife's work not only can't smoke on their on free time on the way to work or lunch, but cannot now go to lunch with a non employee who is a smoker, ride to work with a non employee who is a smoker, cannot be exposed to smoke outside of work in any way, without possibly being suspected of smoking..
     
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    Mar 22, 2011
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    This type of policy isn't uncommon when working for hospitals. The problem that most people seem to have is the "smelling like smoke" problem.

    Note: I "quit" smoking last Sunday. I put quit in quotes because I replaced it with vaping (using electronic cigarettes, which vaporizes a flavored liquid with nicotine to be inhaled, hence vaping). Vaping has almost no oder at all, is the oder it does produce isn't usually considered offensive.

    Try to look at it from this point of view (sorry if this was already posted, I didn't read the entire thread). Most companies have some kind of policy regarding personal hygiene at work. If your personal hygiene causes you to have an offensive smell, that disturbs your co-workers or customers (in this case it would be patients), you could be punished for that up to and including termination (if it was an ongoing problem that wasn't being resolved). Most companies also have similar policies regarding excessive purfumes/colognes.

    When I was a smoker, I went to great lengths to make sure I didn't smell like smoke. I always had mints or gum on hand. I always rolled the window down in the car, even if it was cold, or raining. I went so far as to make sure that my hand that held the cigarette was down wind of the rest of my body, and blew the smoke down wind away from my body. I was almost never accused of smelling like smoke, and when people would see me smoke for the first time, they were always surprised because I didn't smell like smoke.

    So, I say that it is possible to be a smoker and not smell like smoke. It just takes some extra effort to be aware of where the smoke is, where it's going, and that you have reliable methods of either covering the smell or getting rid of it.

    Or try vaping with and e-cig of some kind. I'm extremely happy with mine. Saving money already (although it hasn't paid for itself yet... it's only been a week), and greater freedom to vape in more locations, since they're not covered under no-smoking laws.
     

    BarryJaxon

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    Then shouldn`t they also do away with perfume/cologne,hand lotion,deodorant,scented laundry soap etc.?My Mother had asthma for 60+ years and it all bothered her.Just say`n,not to start a pissin contest.
     

    85t5mcss

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    Mar 23, 2011
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    Then shouldn`t they also do away with perfume/cologne,hand lotion,deodorant,scented laundry soap etc.?My Mother had asthma for 60+ years and it all bothered her.Just say`n,not to start a pissin contest.
    The hospitals I've been in usually have something about the perfume part.

    But, to the OP, this is just stupid. Wrong? Yes. But they can do as they wish for the most part. I am sorry that it may be forcing your wife to do something that does not want to do, but may be better in the long run.

    Guess I better go shower real quick. I may smell like smoke, food, deodorant, cologne or something else offensive.

    Hopefully you are able to make the best of this.
     

    sgreen3

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    Most of the public schools in indiana are this way also, the one I taught at was. They were hard a$$es about it also. I would just think to myself tax dollars at work policeing smokers insted of educating kids:dunno:
     

    sgreen3

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    This type of policy isn't uncommon when working for hospitals. The problem that most people seem to have is the "smelling like smoke" problem.

    Note: I "quit" smoking last Sunday. I put quit in quotes because I replaced it with vaping (using electronic cigarettes, which vaporizes a flavored liquid with nicotine to be inhaled, hence vaping). Vaping has almost no oder at all, is the oder it does produce isn't usually considered offensive.

    Try to look at it from this point of view (sorry if this was already posted, I didn't read the entire thread). Most companies have some kind of policy regarding personal hygiene at work. If your personal hygiene causes you to have an offensive smell, that disturbs your co-workers or customers (in this case it would be patients), you could be punished for that up to and including termination (if it was an ongoing problem that wasn't being resolved). Most companies also have similar policies regarding excessive purfumes/colognes.

    When I was a smoker, I went to great lengths to make sure I didn't smell like smoke. I always had mints or gum on hand. I always rolled the window down in the car, even if it was cold, or raining. I went so far as to make sure that my hand that held the cigarette was down wind of the rest of my body, and blew the smoke down wind away from my body. I was almost never accused of smelling like smoke, and when people would see me smoke for the first time, they were always surprised because I didn't smell like smoke.

    So, I say that it is possible to be a smoker and not smell like smoke. It just takes some extra effort to be aware of where the smoke is, where it's going, and that you have reliable methods of either covering the smell or getting rid of it.

    Or try vaping with and e-cig of some kind. I'm extremely happy with mine. Saving money already (although it hasn't paid for itself yet... it's only been a week), and greater freedom to vape in more locations, since they're not covered under no-smoking laws.


    Congrats Bud! Im goin on my 5th month of being a non smoker, if ya need to talk with someone about it, feel free to shoot me some PM's, it helped me alot when I first quit
     
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    May 16, 2010
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    Fort Wayne, IN
    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.

    Sure you can fire your employer, its called quitting.

    I guess bottom line if you done agree with how your employer is treating you, go find a different job.


    But a better question is who smokes these days? It is really not good for you lol.
     

    454puttna

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    personally after getting busted for smelling like smoke i would act like i want to guit smoking, take the class(on their dime + wages), keep smoking, act sorry, it's not my fault, its a disease. sue for wrongful termination or punch your boss in the sucker and quit.
     

    Roadie

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    Then shouldn`t they also do away with perfume/cologne,hand lotion,deodorant,scented laundry soap etc.?My Mother had asthma for 60+ years and it all bothered her.Just say`n,not to start a pissin contest.

    My wife said the same thing. She is allergic to some of the perfumes her co-workers wear... as are some patients..
     

    Roadie

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    Most of the public schools in indiana are this way also, the one I taught at was. They were hard a$$es about it also. I would just think to myself tax dollars at work policeing smokers insted of educating kids:dunno:

    I remember walking past the Teacher's Lounge in High School, the door opening and CLOUDS of smoke rolling out... :D
     

    level.eleven

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    Smoking will affect their health insurance rates. Statistically it affects absenteeism. So employers would have grounds to fire you for it (although as already pointed out, they don't need grounds in Indiana).

    So does pregnancy and having childeren.
     

    96firephoenix

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    She works in a hospital..

    I saw that article in the paper today. it makes sense in theory because of the idea that particles stick in your clothes, then get in the air... but I think its a little stretched.. Nothing is worse in my opinion than a nurse that reeks of cigarettes, but I don't think that hospital workers should be fired for smoking. I do think that reasonable care for patients outweighs the right to smoke. Whether this is reasonable care or just plain OCD is up for debate.

    if she doesn't like it, find another place to work
     

    Roadie

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    I saw that article in the paper today. it makes sense in theory because of the idea that particles stick in your clothes, then get in the air... but I think its a little stretched.. Nothing is worse in my opinion than a nurse that reeks of cigarettes, but I don't think that hospital workers should be fired for smoking. I do think that reasonable care for patients outweighs the right to smoke. Whether this is reasonable care or just plain OCD is up for debate.

    if she doesn't like it, find another place to work

    Everybody keeps saying that, but apparently you all live in a different economy than we do and can just find new jobs at the drop of a hat. :cool:

    Actually, my post was intended just for conversations sake. She isn't considering quitting her job, nor filing a lawsuit, etc etc.
     
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