Any workplace does and should have rules against comming to work while under the influence of any drug, I meant strictly as an off-time affair.
If I can do my work as expected and am otherwise a good employee, it just shouldn't matter, IMO.
I've been a manager in auto dealerships for a number of years. All of them make a new employee sign an at will employment agreement, meaning either party can terminate employment, at will, with or without cause. That's legal. If they decided to exercise that agreement, because they decided that smoking employees were not wanted, they were within their legal right. There is nothing anyone can do about it.
While I feel that terminating good employees with tenure was wrong, it was within the scope of the law, provided an agreement of "at will" was signed upon hiring. I'll bet it was. If there was no agreement signed, then they might have a reasonable case of discrimination, or compromise of privacy.
While I feel that terminating good employees with tenure was wrong, it was within the scope of the law, provided an agreement of "at will" was signed upon hiring. I'll bet it was. If there was no agreement signed, then they might have a reasonable case of discrimination, or compromise of privacy.
OK, so your employer tells you that if you rock climb, skydive, binge drink, race cars on the weekend, ride motorcycles, ride your bike in traffic, etc., they can fire you for that, too, right? I mean, all of these things, with the possible exception of the binge drinking, are under your control, right? You CHOOSE to participate in these activities, so you are CHOOSING to place yourself at greater risk and therefore making yourself more of a liability healthcare wise, right? Or are you saying that these things are somehow different than someone who likes to have a cigarette after work? Are you taking your stance against smoking because smoking is the social taboo of our age, and it's acceptable to bash those who smoke?
- Aug 23, 2003
- 25,375
- 142
- 116
Right, but companies are not asking you to fill out a questionaire; you piss in a cup, you test postive, you're fired.
So if you can smoke a bowl and test negative, or smoke a cigarette and test negative, more power to you.
Woooaaaahhhhh calm down there, sparky.
I'm not taking a stance against smoking. I'm making the simple point that employment isn't forced on anyone. If a company says "you have to be/do X to be employed here" without contradicting federal or state law in those requirements (i.e. race, age, sex, sexual preference, blah blah blah), then it's perfectly legal for them to do so, regardless of how reasonable the requirements are or not.
Your employer says that only employees with blue cars can work where you work and you want to paint your car red? Get ready to be out job hunting as soon as you do and don't bitch how unfair it is that you have to do so.
Read my other posts in this thread. NOW it's about snoking. What if employers start firing people for participating in certain other activities? Is your employer going to be able to dictate what kind of lifestyle you have outside of their workplace and off their property? Are they going to tell you what you can and can't do on your vacation, because if they find out they might fire you?
Bah, whatever. For what it's worth, I don't smoke. But I just saw this as a real invasion of people's lives and felt employers had no right to do this.
I'd be ok with it, but I don't think they could leave their homosexual, pedophile ways, to engage in real man / woman relations. :Q
When do employees start getting tested for sodium or sugar? Caffeine?
I wonder if this company drops mandatory drug tests every two weeks? Are they testing regularly for marijuana, cocaine, etc? Or singling out smokers?
While they do have the right, its a stupid right.
I wonder if this company drops mandatory drug tests every two weeks? Are they testing regularly for marijuana, cocaine, etc? Or singling out smokers?
While they do have the right, its a stupid right.
Siddhartha
Lifer
- Oct 17, 1999
- 12,505
- 3
- 81
Some people have personalities more likely to lead to an addiction to smoking/alcohol. It depends on their upbringing and possibly their genetic makup. Same goes for food.
However, a lot of it is just plain old greed and an unhealthy lifestyle. Personally I see it as a reflection of their personality and I'd not want to employ them for this reason. Also, as an employer in the US, you must pay for healthcare and I believe people who allow themselves to get to such a state of poor health are a financial risk to employers/insurance companies.
As for drug use, well I don't feel that a reasonable employer should test. You can live a very healthy lifestyle but still dabble with drugs from time to time with absolutely no detrimental effects to your health or ability to perform at work.
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