MemberSit down with him and tell him you had quit (you didn’t lie to him), but have had a relapse. Then, try and quit again. It’s for your own health and well being. Smoking is terrible for you!
Member@Penelopeee: Thanks
Member@beachbride1216: No, it says nothing about smoking. I would comply if there was a policy in place, but I have been following the lead of the long-term employee who has worked there for over 20 years as a smoker. If he never had a policy in place, it seems unreasonable for him to get aggressive with me without making a policy or bringing it up like an adult. He literally walked up to us, started yelling “When are you two going to quit?” (interesting, this is the first time my coworker has gotten any kind of comment from him) and then leaned over me (he’s a foot taller thanI am) and yelled while making intense eye contact less than a foot from my face “What about you?”
It made me feel threatened, physically. It is not ok.
MemberIt’s none of his business what you do outside of working hours, or on your break off the company property. I would remind him of this in a nice way. Say something like “I don’t smoke during working hours, only when I’m away from the company property and when you hired me I did not smoke at that time. I quit smoking x number of years ago and recently relapsed. This does not affect my job, nor will it.” Leave it at that. You don’t have to explain yourself any further and if he fires you over smoking take legal action.
MemberI would file a complaing with HR if there is one. And he shouldn’t be yelling at you. This is none of his business.
I’d look for another job, this guy sounds like a creep.
Member@Hyperventilate: He could fire me if it were a company policy, which would have to be uniformly applied, I would assume. This was not something I agreed to upon hiring. There was a question about smoking, which I answered truthfully. In fact, I made it a point to mention that I had quit. Insurance-wise, I don’t think he’s obligated to provide insurance anyway, since the company is so small. I don’t think he can take away my insurance, though, without a written policy.
Argh. Honestly, he is pretty clearly a jerk-face and I should leave no matter what. He’s very controlling.
MemberIf you had told him you smoked at the beginning, he probably wouldn’t have hired you which nobody can do anything about. He could just claim you didn’t fit the position.
However, now that he’s hired you, he’ll have to come up with another excuse to fire you, which, well, he could still do.
Member
MemberThat’s harrassment. He should be the one in trouble, not you. I could see if you came to work smelling like an ashtray, but I highly doubt that, and he still isn’t allowed to bully you like that.
You need to confront him about it in a professional manner. I would state that I did not smoke then but began smoking and it is my own personal matter. Other employees smoke and it is not right to be bullied and chastised, and it certaintly does not effect your work.
Member@DeathByDesign: Well, I guess this just clarifies my debate about leaving. I mean, I intend to re-quit smoking, too- but I can do that at a new job. He pushes boundaries pretty consistently and he has nickel-and-dimed me throughout my employment here. It’s probably just time to move along. I have an opportunity at another company, possibly, so I just hope that it pans out.
MemberThat’s crazy.
I’m anti-smoking but I don’t push that on anyone else. People are free to do what they want.
I think he’s being a dink-hole.
Member@mamadingdong: LOL, yes and YES.
@goldie602: Exactly. I am just so upset that he spoke to me in that way and my coworker is really upset on my behalf. She called his actions “morally repugnant” and she is willing to walk out if he doesn’t apologize for his outburst. She is usually very mild-mannered but she’s up in arms in my defense since she sees how he shames me regularly instead of coming up with a compromise or policy.
Memberhttp://blog.penelopetrunk.com/2006/11/02/dont-report-sexual-harassment-in-most-cases/ I know this is in regards to sexual harassment but some of the advice applies.
MemberSmoking isn’t a status protected by law, so he could fire you (hopefully not). I would talk to him in a calm, professional manner and explain that you did not smoke and had not for some time before you were hired, so you answered the question truthfully. Then say that you have since relapsed but you want to quit. Don’t accuse him of harassment- instead suggest that he can help you and ask him to be supportive.
Meanwhile, look for a new job.
ETA: Don’t not quit to spite him. That hurts no one but you.
To those who are surprised that MA has a smoke-free workplace law- come on, it’s one of the bluest of blue states! I wouldn’t be surprised if MA and VT ban smoking in all public areas in the next five years.
MemberWe are not allowed to smoke within a certain # of yards of where I work, which basically means you have to leave work, and drive somewhere else to smoke. Which you can’t do, really, if you’re a scientist and always in the middle of an experiment.
I’m not sure what the actual laws are about discrimination against smokers, but I know it is very legal to make it difficult as hell to smoke. It is also legal to charge smokers more for health insurance on a company-level. My husband gets a substantial discount for being a non-smoker.
Smoking is one of the leading causes of ridiculously high health care premiums that we all end up paying. Second only to obesity. It’s voluntary, isn’t necessary, and it puts those around you at risk. I honestly think it should be ok to discriminate against smokers. One more reason to never start smoking.
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