Terminated for smoking

[ragincajun266]

Here's my situation: I work for a large company in the state of California which has several sites thoughout the state. This company has just announced plans to discipline or terminate any of its employees who use tobacco products or show the intent to use tobacco products. The company has stated that the use of these products will be no longer be allowed on any of its sites owned by the company or leased by the company. This also includes driveways, parking lots and parking structures used by the employees. The rule also applies not only to employees but contractors, vendors and guests of employees as well. I wanted to know if this is even legal.

 

[irish223]

The company owns the property, right? Why wouldn't they be allowed to dictate actions that are forbidden on their property?

Most, if not all, school district boards have policies that are very much like your company's. No one is allowed to smoke on school district property, including parking lots, driveways, etc. Employees who are caught smoking face disciplinary action.

 

[Duranie]

I say its legal. The company has the right to ban smoking on its property. For the longest time my company had the same policy. You had to go offiste to smoke. Now they have a small designated smoking area.

 

[jacksgal]

There is nothing illegal with this action. Being a smoker does not place you in a "ptotected class"

 

[ragincajun266]

I understand now that they can prohibit employees from smoking on their property but something is still unclear. My company leases a couple of floors at the building I work at so its technically not their property. The property owners have set up designated smoking areas for its tenants . Could my company still prohibit its employees from smoking in these designated smoking areas that is used by everyone? What about neighboring areas like a coffee shop next door?

 

[jacksgal]

Smokers are not a protected class. This means an employer may discriminate against you if they so choose with no consequences. In a world of Anti smoking its doubtful you can find anyone to fight for your cause either

 

[Duranie]

Yes, ultimately it is the company that pays the rent and can enforce these rules. The LL really cannot force your company to allow onsite smoking.