Legal Question in Business Law in California

employer threatened to fire if I don't stop smoking

I'm an administrative asst. for an environmental consulting firm. I am also a smoker. I don't smoke at work, or on company property because I try to be as considerate as possible around non-smokers. Last week, my employer saw me at a shopping center near my home, and I was smoking. I was told that the company does not hire smokers, and that I should have been told that when I was hired, and that if I didn't stop smoking immediately, I'd have to find another job. I was never told about the company's no smoking policy, I just didn't smoke there because no one else did. Can I really be fired for this?


Asked on 10/25/01, 5:29 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: employer threatened to fire if I don't stop smoking

Yes.

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Answered on 11/22/01, 4:32 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: employer threatened to fire if I don't stop smoking

It appears that your employment is one which is considered to be "at will." That is that your employer can terminate you for virtually any reason, or no reason. You do not have an employment contract, do you? That is, of course, limited to those interests of Constitutional or public interest to protect, therefore, he cannot terminate you for being of a certain religion, or not being of a certain religion, belonging to a minority, or any racial group, or sex. But being a smoker, doesn't seem to have any protectors at this point in time. He can make an awfully good case for the bad example you set, even though not smoking on or near the job. He can also make a good case for promoting a conduct which is desirable. I think you have limited recourse and stopping smoking would be very good.

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Answered on 11/27/01, 4:03 pm


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