Busted by the Boss...for smoking

Cruster

Cruster

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Any of you legal eagles out there that see this, I could use an opinion.

I went out to my truck yesterday morning at work. It's a smoke free campus, and a supv (known for being a douche) sneaked up and wrote me up for sitting in my own truck smoking. I'm down to about 3 or 4 a day for some time now and rarely do it at work because it's tobacco free. But this seems like a legal issue to me. Not much online about it... a few that say they can't take action, some say they can.

Anybody know for sure??? I contacted the ACLU but haven't heard back yet
 
If your truck was on their campus and it's a smoke-free campus, then I think it is at his discretion to write you up or not. Our (Dell Computer) campus has a smoke-free policy and enforce it as well. However, we do not receive write-ups for smoking in the parking lot. You get 1 warning and the 2nd one results in termination. Sucks, but that's the way it is. I dip tobacco so it's a little easier to conceal. Sorry about your luck man, that really sucks.
 
Cruster said:
Any of you legal eagles out there that see this, I could use an opinion.

I went out to my truck yesterday morning at work. It's a smoke free campus, and a supv (known for being a douche) sneaked up and wrote me up for sitting in my own truck smoking. I'm down to about 3 or 4 a day for some time now and rarely do it at work because it's tobacco free. But this seems like a legal issue to me. Not much online about it... a few that say they can't take action, some say they can.

Anybody know for sure??? I contacted the ACLU but haven't heard back yet
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Looks as though you were in a Public Place, Montana looks to have some tough laws about that:(
http://tobaccofree.mt.gov/cleanairact/montanacleanindoorairact.shtml

http://tobaccofree.mt.gov/cleanairact/publicoutreachFAQ.pdf
 
10banger said:
If your truck was on their campus and it's a smoke-free campus, then I think it is at his discretion to write you up or not. Our (Dell Computer) campus has a smoke-free policy and enforce it as well. However, we do not receive write-ups for smoking in the parking lot. You get 1 warning and the 2nd one results in termination. Sucks, but that's the way it is. I dip tobacco so it's a little easier to conceal. Sorry about your luck man, that really sucks.
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Copenhagen:rock: :D
 
This is not the place to get legal advice. That being said, if your truck was on corporate property and you were caught smoking in it, you were in violation of the corporate smoke free campus policy.

You work at the discretion of the organization, if you do not comply with their policies, you may be sanctioned and even dismissed. This issue is becoming a major issue and is driven by health insurance. Your organization probably get a significant break on health care premiums for enforcing the "smoke free campus" policy. It may have even been written by your health carrier and well researched by their lawyers. Nicotine is a drug and its second hand effects kill over 50,000 American a year.

Bottom line, you violated policy, and can be held accountable in my opinion.

There are companies that are going much further than a smoke free campus. Some are saying if you smoke, you will lose your job. Yup, and they are making the policy stick regardless of where or when you smoke.

Some companies are doing similar things with "weight"...if you are obese, some companies are charging more for your health insurance, and some companies are even making appropriate weight a condition of employment. Its all part of the spiraling cost of health care, and the issue of personal accountability and irresponsible "risky" behavior.

Drop the smokes...the most simple way to avoid this issue, heck I quit 10 or 12 times...before I finally stopped...

Good luck, it is a very difficult habit to break, but you simply have to...your life depends on it, and so do the lives of 50,000 other Americans.
 
Prof said:
This is not the place to get legal advice. That being said, if your truck was on corporate property and you were caught smoking in it, you were in violation of the corporate smoke free campus policy.

You work at the discretion of the organization, if you do not comply with their policies, you may be sanctioned and even dismissed. This issue is becoming a major issue and is driven by health insurance. Your organization probably get a significant break on health care premiums for enforcing the "smoke free campus" policy. It may have even been written by your health carrier and well researched by their lawyers. Nicotine is a drug and its second hand effects kill over 50,000 American a year.

Bottom line, you violated policy, and can be held accountable in my opinion.

There are companies that are going much further than a smoke free campus. Some are saying if you smoke, you will lose your job. Yup, and they are making the policy stick regardless of where or when you smoke.

Some companies are doing similar things with "weight"...if you are obese, some companies are charging more for your health insurance, and some companies are even making appropriate weight a condition of employment. Its all part of the spiraling cost of health care, and the issue of personal accountability and irresponsible "risky" behavior.

Drop the smokes...the most simple way to avoid this issue, heck I quit 10 or 12 times...before I finally stopped...

Good luck, it is a very difficult habit to break, but you simply have to...your life depends on it, and so do the lives of 50,000 other Americans.
Click to expand...

Thanks Prof....always appreciate your input. I'm well aware of the dangers of smoking and quit for 10 years...started back after my divorce about 6 years ago...so it'll happen again.. My concern is that bit by bit the insurance lobby is eating away at our freedoms. Not trying to rationalize smoking, but being told how to live is starting to piss me off. That's how this country got started in the first place....a bunch of people got sick of being told what to do. the ACLU was trying to decide if they could sue honeywell a while back and I can't find out what came of that hmmmm.
I'm also aware that if it's your business you can dictate policy. I'm just trying to decide how far we let this go...might be irreversible now I'm afraid. Hope not. I put my ass on the line in the Nam for our "freedoms"....hate to think it was in vain. Just gotta take a look at this. If anyone runs across anything interesting would appreciate sharing. Interestingly they have addressed this in Britain. Your personal vehicle is your property and you have rights within that property....they can't dictate whether or not you can smoke in there...but there are other ways to leverage behavior....look at the Nazi's.
 
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Prof said:
This is not the place to get legal advice. That being said, if your truck was on corporate property and you were caught smoking in it, you were in violation of the corporate smoke free campus policy.

You work at the discretion of the organization, if you do not comply with their policies, you may be sanctioned and even dismissed. This issue is becoming a major issue and is driven by health insurance. Your organization probably get a significant break on health care premiums for enforcing the "smoke free campus" policy. It may have even been written by your health carrier and well researched by their lawyers. Nicotine is a drug and its second hand effects kill over 50,000 American a year.

Bottom line, you violated policy, and can be held accountable in my opinion.

There are companies that are going much further than a smoke free campus. Some are saying if you smoke, you will lose your job. Yup, and they are making the policy stick regardless of where or when you smoke.

Some companies are doing similar things with "weight"...if you are obese, some companies are charging more for your health insurance, and some companies are even making appropriate weight a condition of employment. Its all part of the spiraling cost of health care, and the issue of personal accountability and irresponsible "risky" behavior.

Drop the smokes...the most simple way to avoid this issue, heck I quit 10 or 12 times...before I finally stopped...

Good luck, it is a very difficult habit to break, but you simply have to...your life depends on it, and so do the lives of 50,000 other Americans.
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Roy your no quitter at anything and I know this!, now pick up that pack and start lighting up Sally:D :aetsch: :D

As pertaining to the question above, take your truck to work and light um up real good, with a cig in your mouth right outside the front door. Now that's smoking!! (I hate non-smoking whiny policies, here's an idea, I wont smoke but people with loud crying annoying whiny, did i mention loud kids can't come into my restaurants where I eat cause it bothers.... wait kills me!!!!!!!!!!!)
 
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Change to an electric cigarette. I been using one since april 6th and have gone from 3 packs of marlboro reds a day to 0.
 
I am one that really doesn't like smoking....My man issues with is that
# 1 In my profession smokers will take 50 million smoke breaks throughout the day while im working hard.....If i go and take a 10 minute break to just chill out my bosses are like WTF are you doing why aren't you working....Aircraft need to get up......So as i get up to get back to work I look at the smokers chillin laughing having a good time.....

#2 is second hand smoke....I absolutely hate going into an establishment (bars) and cough the whole time im in there or better yet come out smelling like smoke myself.....

#3 i hate the smell of it all together, I can't stand being at work and having someone talk to me smelling like an ash tray or the look of their awful teeth after smoking for years!

#4 I'ts fricking un healthy and I don't want you coughing all over the place having me inhale that crap.....

On your own time whatever, but not anywhere around me at all.....

And don't get me started on dippin, leaving your nasty as dip bottles laying around giving the same old excuse...Oh uh I forgot, sorry dude! and if you dip carry a small bottle of mouth wash cause that shit has your breath kicking all damn day! And don't spit in your cup while talking to me...It's rude!
 
Troy's QC SRT said:
I am one that really doesn't like smoking....My man issues with is that
# 1 In my profession smokers will take 50 million smoke breaks throughout the day while im working hard.....If i go and take a 10 minute break to just chill out my bosses are like WTF are you doing why aren't you working....Aircraft need to get up......So as i get up to get back to work I look at the smokers chillin laughing having a good time.....

#2 is second hand smoke....I absolutely hate going into an establishment (bars) and cough the whole time im in there or better yet come out smelling like smoke myself.....

#3 i hate the smell of it all together, I can't stand being at work and having someone talk to me smelling like an ash tray or the look of their awful teeth after smoking for years!

#4 I'ts fricking un healthy and I don't want you coughing all over the place having me inhale that crap.....

On your own time whatever, but not anywhere around me at all.....

And don't get me started on dippin, leaving your nasty as dip bottles laying around giving the same old excuse...Oh uh I forgot, sorry dude! and if you dip carry a small bottle of mouth wash cause that shit has your breath kicking all damn day! And don't spit in your cup while talking to me...It's rude!
Click to expand...


I could just spit on the floor:dontknow: :D
 
Troy's QC SRT said:
I might have to whoop some Black Hawk ass then!
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:bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake:
 
LoveThisTruck said:
:bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake: :bootyshake:
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Ha Ha i'll remember that!;) I know i'll see you one day!!
 
LoveThisTruck said:
... and I'll have a big ol pinch of fresh Copenhagen in:D
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Ha ha people offer me dip, like dudes its the shit! I just tell them that black people don't dip!!
 
MUTT said:
Change to an electric cigarette. I been using one since april 6th and have gone from 3 packs of marlboro reds a day to 0.
Click to expand...

Mutt stop using those, they cause cancer:D































Well, I did here something about them causing something bad somewhere on TV:dontknow: Just can't remember how,what ,when,Where,,,but it was a bad thing.
 
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