Legal Question in Employment Law in California

I work in a deli that supplies school lunches to children. Part of my job is helping to fix, deliver and destribute the meals. When I was hired I was asked if I smoked and knowing I would not smoke at work or before, I said no. Later I confessed to my supervisor and she said no problem, When I return from doing the food she has even said to me, "go take a smoke break." on two occations. Yesterday the big boss fired me for being a smoker. Is this legal?


Asked on 2/24/11, 8:07 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

We don't have any laws say smoking is a protected activity or is a constitutional or statutory right. Therefore, if the owner of a business does not wish to employ people who smoke, whether for insurance reasons or a personal choice, they can legally terminate the employee at their will.

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Answered on 2/24/11, 9:29 am
Terry A. Nelson Nelson & Lawless

Yes.

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Answered on 2/24/11, 3:46 pm


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