Is it legal for an employer in Texas to ask on a job application if you smoke? What happens if you lie? can employees be terminated for smoking? Please inform me. Thanks!
2007-02-03 04:42:31 · 7 answers · asked by Texas M.B.A. 2 in Business & Finance ➔ Careers & Employment
Yes, it's legal. Lying on an application/interview can get you terminated. And you can be terminated for smoking if the company policy states no smoking.
Smokers are not only an unprotected minority, they're a convenient target in this country. In today's political climate, I'd suggest lying about it, then using a nicotine patch at work....if the job's worth it. If all smokers stood up for themselves, we'd shake this country's leaders into reconsideration. A quarter of the population admits to smoking. What the hell are we bowing our heads for?
2007-02-03 05:01:13 · answer #1 · answered by Michael E 5 · 1⤊ 0⤋
This is not really a law question. Any employer has the right to establish any requirements for employment he chooses, so long as they do not violate Federal Discriminition laws set forth for age, race, or sex. Smoking does not apply.
Remember, the job belongs to the employer, not the employee.
If you lie on an employment application, for ANY reason, the employer has the right to terminate you. In fact, an employer can fire you at any time for almost any reason.
2007-02-03 04:56:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I know that back in 1996, "West Marine" in California required it's employees to be smoke free... My brother was managing a store and had an applicant challenge the same issue in court... the California courts sided with the companies policy.
As others point out, it's an insurance cost issue, and you CAN obviously be terminated from any employment for lying or misrepresentation on your application.
2007-02-03 05:01:48 · answer #3 · answered by mariner31 7 · 0⤊ 0⤋
I don't know if they can legally ask or not. However, if the company has a no smoking policy at work and you violate it then You are liable for what ever punishment their policy dictates, including termination. One thing you may not understand is that some manufacturing processes are extremely sensitive to tobacco residue damage. The computer chip, for one, can be damaged by it.
2007-02-03 04:55:20 · answer #4 · answered by mustanger 5 · 0⤊ 0⤋
They can be terminated on two fronts, lying on the application and if being a non-smoker is a condition if employment. More and more employers are requiring non-smokers because they fewer health related problems.
2007-02-03 04:51:38 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Well the 2 big issues are
1) health insurance premium costs as the industry is coughing up a fortune in $$$$$ and time treating smokers . . . many companies are looking to mitigate those costs .
2) The repugnant smell offends many co-workers, and worse customers (is customer contact part of the job applied for) .
So given just these issues, my guess is "It is Legal to Ask"
And if a customer complains or you end up with a medical claim for lung disease, I am guessing fired and sued for costs on the medical, given the lie constitutes fraud .
2007-02-03 04:51:57 · answer #6 · answered by kate 7 · 1⤊ 1⤋
material misrepresentation. you can get fired on the spot. all employers consider themselves 'at will' employers meaning they can shiitcan you at the drop of a hat, no rhyme or reason. lying on an ap is reason.
2007-02-03 04:51:06 · answer #7 · answered by Anonymous · 1⤊ 0⤋