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Can your employer keep you from smoking?

 
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Americasprice

posts: 52

Aug 02, 2010 10:23 PM ET    Quote  Report Abuse
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Does your employer have the right to ask you not to smoke while on your coffee break? What's your opinion?



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SequoiaPayroll

posts: 38

Aug 04, 2010 5:50 PM ET    Quote  Report Abuse
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Unlike Obesity (which may or may not be out of the control of the person), smoking is a choice a person voluntarily makes. If a person has the choice to smoke, why doesn't the employer have the right to hire that person or not?

Salaried vs hourly issues aside, breaks and lunch are different senarios altogether. When an employer gives a break, then the employee does not clock out. He is still on company time.  In this instance, I say the employer can ban smoking.  During lunch when the employee clocks out, then he is on his own time and can do anything (legal) he wants.

I have worked with smokers.  They are far less productive, they stink, and they are grouchy when they need a fix...

Americasprice

posts: 52

Aug 04, 2010 6:41 PM ET    Quote  Report Abuse
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I'm all for a smoke-free enviroment.   However, you do make a great point...if you are on break and still on the clock then, "yes" I agree the employer has ever right to ask you not to light up.   However, if you clock on and still on company property...well, not that is pretty tricky.



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Reeze

posts: 8

Aug 05, 2010 10:26 AM ET    Quote  Report Abuse
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I believe that smoking is a part of human rights. Most establishments have a no smoking policy or they have a  smoking area for those who does smoke. So, whenever it is your break I think you can smoke as long as it is not in the NON-SMOKING place. Everything that an employer tells you to do must be a part of your job. And I do not think one of them is NOT TO SMOKE.  :)

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nevadascul

posts: 651

Aug 05, 2010 11:13 AM ET    Quote  Report Abuse
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To answer our question, you will have to check with your state or county heath department as far as government regulations.  Each state is different.  Also, an employer can ban smoking on his property.  There are exceptions though.  Some employers have set up smoking areas on site.  Also, If you punch out and leave property during your break, the employer has no control over your actions.



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Americasprice

posts: 52

Aug 11, 2010 12:32 AM ET    Quote  Report Abuse
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All good point, but lets say, that you are NOT paid while on break but on company property.  Would he/she still have the right to ask you not to light up?   I think he/she can



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williamgray

posts: 1

Aug 14, 2010 12:36 AM ET    Quote  Report Abuse
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yes, my employer as well as every single person who watches me smoke can restrict because it is an offence in my country to smoke at public places.

he even has a right to report it to police.

Hannahred

posts: 5

Aug 24, 2010 6:09 AM ET    Quote  Report Abuse
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Personally I dont smoke but I would just go outside, where im allowed to smoke, whenever im on a short break. I dont think he can legally. Except in the office ofcourse.



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Charlesweber

posts: 1

Sep 02, 2010 6:16 AM ET    Quote  Report Abuse
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Smokeing at public places is punishable offense in my country. so where i work smoking is prohibited.

Also i am not smoking.

swati01

posts: 11

Oct 27, 2010 7:55 AM ET    Quote  Report Abuse
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Smoking is not allowed in my organization.

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