How legal Is This

[Richelieu]

I would say no, but then again you live in lawyer land. Some 9th circuit kind of nutjob could find that the odor that clings to your clothes is a health risk.

[Stuie]

Re: How legal Is This

Originally posted by Mrs. Tuberski
The probelm i have is rumors flying...

Rumors! Tell your supervisor you want a written copy of the new policy.

[Arrian]

Originally posted by Sikander


Sex is more addictive than tobacco.

QFT!!

-Arrian

[Tattila the Hun]

And far more dangerous.

I mean, think about it. Smoking can lead to death, in some cases. But being born leads to death in 100% of the cases.

[Japher]

I would say no, but then again you live in lawyer land. Some 9th circuit kind of nutjob could find that the odor that clings to your clothes is a health risk.

San Jose policemen are not allowed to smoke... ever...

[rah]

It depends on state laws.
1. Is it a work at will state?
If so you can be fired for any reason. So they could even tell you that if you smoke at home and test positive for nicotine at work, you can be fired.
2. I've heard that 9 states have passed laws that protect smokers from this. Smoking during work can be restricted but not when you're on break (unless you're restricted from leaving the work area) or off work.

You need to find out the laws in your state.
If you're part of a union, your union rep should be familiar with the the laws that apply in your state.

[Flubber]

Originally posted by Daz
Ok. Lets put it this way.

Is it legal to tell someone working with people to
"do something about that b.o. or you're gettig fired"?

Wonder if that could hold up in court...?

Lets put it even worse-- Would it be acceptable to come to work every day with, say , clumps of fresh smelly horse manure on your shoes?

At a ranch yes, in a hospital no. In most office/hospital settings I think there is something implied that you will show up with the appropriate level of hygene (and this would be a pretty low minimum standard). I would think that repeated infractions could be subject to progressive discipline. It would have to be documented and repeated to lead to termination.

Over the top BO-- I could see it

The smoking one?? I can't see how anyone can regulate at all whether you perform this legal activity ELSEWHERE. But they likely can preclude it from their buildings and lands.

As for the "smell" of smoke? I guess an "offensive odor" policy could include that but I would think that a few moments outside would be enough to reduce the odor on clothes etc to something you can only smell at extremely close range.

I would wait until there is something more solid before you but the bottom line is that they should only own your ass once you go on their property. Outside that, smoking is a legal activity. I think that policies that might impact your outside living, (like an odour policy) can be valid but have no background in American employment law to support that general beleif

[Richelieu]

Originally posted by Japher
San Jose policemen are not allowed to smoke... ever...

[Daz]

Yeah. What Flubber said, thats what I meant...

[Imran Siddiqui]

You live in Texas, Mrs. Tubs (I think). It's an at will state. They can fire you for whatever they want according to state law.

[Kidlicious]

Here's a couple statements to piss you off Mrs. Tubes (just because I feel cranky today)

1. Don't smoke. It's bad for you.

2. If you don't like the rules don't work there, don't even live there. Move to Russia, or NK, whereever you are suppose to live these days when you ***** about America.

(joke)

[Ben Kenobi]

Yeah, she's in Texas which is a right-to-work state.

[Ben Kenobi]

I told one of the adminastrators well ya know i am really offended by ur cologne can i write u up for that?? He looked at me like i was an alien. I mean really there are lots of odors may folks have when they go to work if they are going to single out smoking sont ya think srong smelly colognes and this mornings breakfast should be on that list?

Actually, that's an excellent argument. There have been places that have banned strong scents because of allergic reactions that some people can have if they run across them.

So if they are banning strong scents like tobacco on your clothes, then there is no reason why they ought to permit strong colognes either.

[Dis]

just come to my city. It's a smokers paradise. I swear 95% of my city's population smokes. Most jobs you can smoke on the job on the property inside the building.

[-Jrabbit]

Dis, I didn't know you moved to Paris...