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

[IndyBeerman]

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.

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

It's amazing how quick people say this when it's not there job they are talking about.

Just once in my life I would like to see some people do what they actually recommend.

Jobs don't grow on trees folks, typically for every person hired there are literary a thousand other people standing there waiting to swipe it up.


I do think that this company policy will become a land mark ruling about personal lives outside/away from the job that will be handed down from the ISC/USSC.

 

[beararms1776]

Originally Posted by mrjarrell
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).

I was thinking the same.
Although I have heard of people getting nausiated by just the smell of smoke so I can understand and respect the requests in that profession but being fired for it sounds uhh,. The e-cigs should help take the nicotine craving away. May even be able to totally quit by using it.

 

[Suprtek]

Its interesting how creation and/or enforcement of policies like this tends to be much more aggressive in a poor economy when unemployment is high.

If there is an economic recovery and employees aren't so easy to come by, this policy and many like it will be quietly ignored.

 

[Roadie]

Hmm, interesting..

IC 22-5-4
Chapter 4. Off Duty Use of Tobacco by Employee
IC 22-5-4-1
Condition of employment; discrimination
Sec. 1. (a) Except as provided in subsection (b), an employer may not:
(1) require, as a condition of employment, an employee or prospective employee to refrain from using; or
(2) discriminate against an employee with respect to:
(A) the employee's compensation and benefits; or
(B) terms and conditions of employment;
based on the employee's use of;
tobacco products outside the course of the employee's or prospective employee's employment.
(b) An employer may implement financial incentives:
(1) intended to reduce tobacco use; and
(2) related to employee health benefits provided by the employer.
As added by P.L.175-1991, SEC.1. Amended by P.L.136-2006, SEC.1.

IC 22-5-4-2
Enforcement; civil actions
Sec. 2. (a) An employee or prospective employee may bring a civil action against an employer to enforce section 1 of this chapter.
(b) If an employer violates section 1 of this chapter, the court may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and reasonable attorney's fees;
to the prevailing employee or prospective employee.
(2) Enjoin further violation of this chapter.
As added by P.L.175-1991, SEC.1.

IC 22-5-4-3
Effect of chapter on other rights or remedies
Sec. 3. This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law.
As added by P.L.175-1991, SEC.1.

IC 22-5-4-4
Application of chapter
Sec. 4. This chapter does not apply to an employer that is:
(1) a church;
(2) a religious organization; or
(3) a school or business conducted by a church or religious organization.
As added by P.L.175-1991, SEC.1.