Home | Links | Contact Us | Bookmark
Legal Forum Search :
   Homepage      News     Legal Directories      Legal Forum      Dictionary  
Legal Forum    Law & Legal Jobs
Legal Discussion Forum

 Can a company force you to work on easter?
I am a baptized catholic. I have reservations for easter Sunday (that I can't cancel). I've known of them for a while, therefore I requested off for that day a while ago.

I go in ...


 I've been asked to resign from my job. Does my boss have the right to refuse me my vacation time?
...


 Do you think that a company has the right to tale away the two weeks of vacation that you have earned?
I was just fired from a job more than two and a 1/2 years of working there and I had earned two weeks of vacation, but got fired before I could use them. please tell me what you think?
A...


 What should i where for an interview at a law firm?
...


 Wrongful termination?
I just had to fire a supervisor of mine and I don't think I should have (wasn't my decision)

On Christmas, the doors to our building were locked and our employees were unable to ...


 Trying to get a job-- after getting in trouble...?
Okay, so I was ticketed for theft and since I'm not old enough to be tried as an adult, I'm going to "teen court?" and getting some community service hours. However, after all ...


 My current job contract stipulates 3 months notice to resign.?
I'd like to line up another job before I leave this one but nobody is willing to wait 3 months before I start. Are there any legal "windows" I can use to reduce the 3 months notice I ...


 Calling all intelligent people out there...need your advice!?
What can I do about a co worker who's envious/jealous of me & caused me lots stress. I really like the company I work for, but gosh, this demon posessed-cow...LOL..has really got it in for ...


 My boss is trying to lower my salary after 2 years of work, can he legaly do that?
i have a contract in place listing my salary. what can i do? can i sue him? he is being ...


 Can my employer force me to use my degree without compensation?
I work in the automotive field as a tech person.
I also have a degree in graphic design which I use for my personal business.
My employer is trying to force me to use my degree to design ...


 Where can i report job discrimination?
I went to a bakery to look for a job as a sales girl and the boss told me in my face if i don't sleep with him or if i'm not an illegal immigrant then i could go back wherever i came from....


 Can a convicted felon with a bachelors degree in social work get a job as a counselor at a prison?
...


 Can you be dismissed from your job on this basis ?
It is in the retail industry.
Deliveries are made at night by driver and his female assistant, in this case a couple that are in a relationship and live together. They are accused of taking ...


 Is it legal for an employer to let you go for no reason at all?
On the unemployment letter that I received from the state, my previous employer put down that I did nothing wrong, I was ever written up, I never had any warnings, I did not know I was in danger of ...


 Can anyone tell me what legal breaks i can have when working on a computer for 12 hours a day from 6pm til 6am
...


 Is it legal to hold an employee responsible for cash drawer shortages?
I recently started working at a hotel where almost anybody can gain access to the money, it's just left in an unlocked drawer. Any employee walking by can stop and make change for somebody, take ...


 Changing my name - is it legal?
At the moment I am Miss J Maiden, but in August I will become Mrs J Married - no problem there! But....I want to keep my surname as my legal middle name, and so I am changing my whole name by Deed P...


 Was he fired legally?
My boyfriend was being asked a question that he did not feel comfortable answering, and the next day he was told he was fired, with no paperwork. Then the person who told him he was fired told his ...


 Do you have to give an honest answer to an illegal question in a job interview?
For example, if you have kids, and a job interviewer asks if you have children (which is an illegal inquiry), is it a crime if you say no?...


 I have been refused an interview for a job for which i meet all criteria can i complain to agency .?
T his job is advertised by local employment agency and is still
vacant....



jitterbug
Can employers now fire or not hire you, because your a smoker?
Is this true? Is it legal? How can they do that, what basis do they have? Is there any action the employee can take?

It didn't happen to me. I just seen a story like this, on the news. I want to prepare myself, since i'm a smoker.



Show all answers
Post your answer

jolyth_a
No, they cannot. It is a violation of your civil rights and a form of discrimination. They CAN request that you not smoke while you are at work, but unless it is a thing that prevents you from doing your job, they cannot fire you over it or refuse to hire you.

Was this answer helpful to you?  Yes  /  No



Nikki IS here to ANSWER
Rating
It is possible, for them to not hire you for anything they please, since they don't have to tell you why they didn't hire you.

But, they can't fire you for it. They can make rules about it. Like my job. We aren't allowed to smoke in front of the building, because as part of our program we offer smoking cessation help. So, to our employer it seems contradictory.

It is your own personal choice and they can't fire you for it.

Was this answer helpful to you?  Yes  /  No



yoni
As has already been said a company can decide not to hire you for any number of reasons and to be fair they can't employ every applicant so they make something up. They can fire you for smoking on company grounds or taking un scheduled smoking breaks but they must follow disciplinary procedure is you've been there more than 12 months.

We should not employ people who drinks, smokes, drives ecologically unfriendly cars, chews gum, eats junk food or in fact does anything at all that at least one other person in the company doesn't like. That way everyone would be happy and everyone would be unhappy we'd have a work force that doesn't work, industry that isn't industrious and a crippled economy but hey who cares at least we'd have stopped everyone doing anything they find enjoyable and I'm beginning to think that's what it's all about. If we're all so fed up and peed off we'll all do ourselves in and there wont be any over population, unemployment, scroungers or criminals and what a lovely world those that stay around would live in.

Was this answer helpful to you?  Yes  /  No



Judy
Rating
Yes they can, and it's legal. So no there's no action you can take, other maybe that quitting and then trying for the job again.

Was this answer helpful to you?  Yes  /  No



Landlord
Rating
It is legal not to hire you because you are a smoker. You can not take any action, smokers are not a protected class as far as dicrimination goes.

I am not sure about firing though. I would think you could only fire them if they smoked on the job or company grounds after being told not too. Smokers seem to feel entitled to more breaks then other workers, I suppose this would be grounds as well.

Was this answer helpful to you?  Yes  /  No



leysarob
Rating
YES -- being a smoker is not a class protected by law.

Was this answer helpful to you?  Yes  /  No



bdancer222
Rating
Smokers are not a protected class. An employer can fire you for any reason as long as it does not violate discrimination laws. You can be fired because they don't like your eye color. And it would be perfectly legally to fire someone who smoked.

Smokers don't realize it but the smoke clings to them. Non-smokers, especially folks with smoke allergies, can be bothered by the smell just passing by.

I use to be a very heavy smoker and the office was a no smoking area. I often took work home and did paperwork while I smoked. The accounting supervisor asked me to stop as the smoke clung to the paper and one of the clerks was severly allergic to smoke. I hadn't even realized the paperwork was smoke contaminated.

Was this answer helpful to you?  Yes  /  No



danny14551
Rating
They can not fire you if you smoke, but they can fire you if you take a unauthorized smoking break during work

Was this answer helpful to you?  Yes  /  No



♥Sissy♥
Rating
i never heard o that but they do anything any more.. i guess i wont get a job either since i smoke too,, its not fair to put us down like were some drug user..

Was this answer helpful to you?  Yes  /  No



Shane
Rating
Yes and no. A small handful of states are now allowing employers to legally reject applicants who smoke or employees who smoke can be terminated if they refuse to quit smoking. The reason for this was due to health insurance premiums (that was there argument.) I was pretty shocked when the first case came out about 3 years ago now and seems to be catching on. On or about 30 states do not have these common law policies in effect and the employer cannot dictate to the employee(s) if whether they can smoke after work hours. However, in all states they can impose no smoking policies during work hours.

States that offer protection to employees and job applicants who smoke are as follows:

Arizona
California
Colorado
Connecticut
District of Columbia
Illinois
Indiana
Kentucky
Louisiana
Maine
Minnesota
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Virginia
West Virginia
Wisconsin
Wyoming

Two recent cases are Weyco and Scotts Miracle Gro (Scotts is in Ohio not sure where Weyco is.) Regardless, these companies won rulings in their favor they could legally terminate employees who smoke and refuse to quit. What is still on the table is will these employers be allowed to perform random drug test. There is still a fine line here and no decisions have been determined with the exception there may be some illegality under the American Disabilities Act, Civil Liberties, and possibly discrimination. We will see. This whole thing is a mess.

It's a sad sad world when smokers are being treated worse than the local corner drug dealer.

Was this answer helpful to you?  Yes  /  No






Archive: Forum - Forum - Links - Links1 - Links2 - RSS - All RSS Feeds
Trusted legal information for you. 0.014
Copyright (c) 2007-2010 Find Legal Advice Wednesday, August 27, 2014 - All rights reserved - Terms of use - Privacy Policy