Post # 32
Seriously??? I know that a lot of people HATE smokers and that’s fine, but you can’t accost someone JUST because they smoke…and anyone who was a smoker knows, that a smoker is a smoker when the cards are down….no one ever really quits….I would go talk to your boss and let him know, you weren’t smoking when you started working there, you do now, deal with it.
Post # 33
Well, actually… I have a very supported SO who is willing to support me while I look if this all goes to pot. Also, I just had a very nice interview at another company. I wasn’t going to leave because I like a lot of my job, but this opportunity overlapping with this hissy fit have pushed me towards the “take this job and shove it” camp
Post # 34
Seriously. As much as I want to go back to not smoking, I really don’t think he should feel OK pushing me around. It’s not just this, he just has all around terrible boundaries. I need to draw a line somewhere.
Post # 35
it’s MA and I am covered by the state. He contributes, but not much. <$100 each month.
Post # 36
That is awesome! Do whatever makes you happy.
Post # 37
He can’t fire you for smoking. BUT I would say something to HR about what he has said, that way if you ARE fired, you can prove to unemployment this might be related.
Something similar happened to me. I have a nose ring, which I was wearing ON my interview. 11 months into working at my job, my boss (a lawyer) finally noticed it. He actually had the nerve to ask me if he could legally fire me if I didn’t remove it (which he could not). When I informed him he could not, I got fired anyway… right now in the process of a law suit for unlawful firing.
Post # 38
It’s his own feeling, not policy. Basically, I am younger than my coworker and he still thinks I could be “saved”
Post # 39
@ciel: If you confront him you may strain the already awkward environment…but, I understand it would be nice to be able to stand up for yourself. The good news is you can’t be fired for it so he just needs to get over it and stop walking around with a chip on his shoulder. I voted for “try to hide it and make him think he won” haha…he needs to stop putting that on the pre-employment paperwork though, I’m pretty confident that’s inappropriate. If you like your job, otherwise, then find a way to resolve the issue without getting on the defense. You have the upper hand here…any lawyer would love to take the case if this turned ugly, but try to keep it under control.
Post # 40
I’ve worked for small companies in the past, & that’s exactly the kind of thing that made me hate them.
I used to be friendly with the UPS guy that delivered to one of my jobs. We’d talk outside the store while I smoked on my break, no big deal. But my boss (a really old, crochety guy) told me he didn’t want me speaking with the guy on my break anymore. I was like WHAT?!? It’s MY BREAK, what difference does it make to you what I do with it? Needless to say I didn’t stay at that place much longer. (This was like 10-15 yrs ago, but still!)
If the smoking thing is the only real issue you have with the place, then I would try to speak with him and explain that you went through a stressful time recently & started up again. But I’d suggest looking for something else, a larger company with an HR department where people woudln’t dare pressure you about smoking. Good luck whatever you end up doing!
Post # 41
If there are only 3 employees you are not protected by most federal/state employment laws. Unless your state considers smokers a “protected class” he is within his rights to fire you although you would probably win unemployment.
As a HR director this is my advice- don’t smoke before work or at work and please look for another job. He sounds like an ass but it’s not against the law to be a jerk.
Post # 42
Apparently, he can fire you. A MA man was fired for smoking had his lawsuit overturned by a judge.
It looks like it is legal. It could also be an insurance based issue. He’d have to pay for for a smoker insurance wise.
Post # 43
I would ask to see the written policy that forbids smoking. If there isn’t one, simply explain that you were not smokig at the time of hire and that you do smoke now.
If smoking is not permitted on the company’s property, You will have to respect that (why I carry an e-cig to work).
But as far as I know, he can NOT tell you not to smoke on your own personal time.
Post # 44
There has to be a written policy and the policy must pertain to all employees.
Post # 45
According to AskAManager (fantastic blog BTW) in most situations in this country, you can be fired for any dumb reason your boss sees fit. The only thing then is that aforementioned dumb reason can’t be used to deny you unemployment benefits.
I hate that there’s so little protection for employees in the US.
Post # 46
- Wedding: November 2013 - St. Augustine Beach, FL
@ciel: What does your employment contract say exactly? Does it specifically address smoking? If not, then you should confront him, tell him that you did not smoke at the time you filled out the app, and that you want him to clarify the smoking policy for employees based on the other employee(s) that smoke. Once he clarifies the smoking policy you can decide to comply with it or quit.