Legal Question in Landlord & Tenant Law in Florida

Off Hospital Campus Smoking Ban

I have a question. The hospital corporation I work for will be implementing a smoking ban on all its hospital care sites. However, the place I am working is a leased property and is not a patient care facility. My question is can they legally ban their employees from smoking on leased property? And Question No. 2: Can they prevent me from smoking on their landlord's non-hospital properties in the same complex? This landlord has provided smoking areas and cigarette disposal materials to us and other tenants. If this landlord then says I can smoke on his property, can they turn around and say no and legally fire me?


Asked on 10/11/07, 3:48 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Off Hospital Campus Smoking Ban

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, any employer can rules regarding smoking or no smoking in the workplace regardless of whether or not they own the facility. In some areas, it is illegal to smoke in the workplace based on local ordinances. Some large corporations have recently started to have smokers absorb a part of their insurance costs as a way to offset the increased health risk. If you do not like the rules, you can quit your job. If they find you violating the rule, they can terminate your employment.

Scott R. Jay, Esq.

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Answered on 10/12/07, 12:03 am


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