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Is it considered wrongful termination for being fired for smoking cigarettes while at work?
One of my friends recently got fired from his job for smoking during break outside of his work vicinity, but fairly close by. They have a strict no smoking policy at his previous work place but besides violating the smoking rule, he was a good employee and his work performance was fine. Is there any labor laws that protect smoking rights for employees?
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Answers (1)
This is a very common issue and some recent cases have went to the Supreme Court in retaliation to the employer making the firing decision based on smoking. Many employees across the country question if an employer can ban legal activities that an employee does off work hours outside of work. Currently, about 28 states have laws which protect employees in regards to this matter, while many other states have loose employment "at will" laws and labor policies.
Thus, if the state you live in has a similar labor law, then he can be terminated for any reason. Your friend should consult with an Employment Attorney thats licensed in your state to determine if this is unlawful and if legal recourse can be pursued.
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Posted by Staff Writer on 21 Jan 2010
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