I work at an eye doctor's office in Kansas in a town that hasn't yet banned smoking in public or anything of that sort. We have just one smoker in our office who takes her regular 10 min smoke breaks twice a day (without abusing them), who has been doing this for her 7 years of employment. The office manager recently took her into her office with our head doctor and basicaly told her she needed to quit smoking the reason being her coughing fits. (Which is a combo between smoking and her severe allergies, and which do not happen but maybe once or twice a week for maybe 2-3 minutes.) They then tried to get her to sign a document saying she had to quit and "try to control her out-of-control coughing", which she refused. Then the next day took her back with a second doctor and tried again to get her to sign the document.
Do employers have a legal right to change employee's habits? I could not find any info pertaining to such circumstances, and would appreciate any help.
2007-06-26 08:01:43 · 9 answers · asked by Nena 1 in Business & Finance ➔ Small Business
I think they do. It's not discrimination, in my opinion.
Coughing fits and smoking is gross as hell and to work in a doctor's office....eww. That's enough to make me choose another doctor's office. And I'm sure the doctors are thinking the same thing. It's just disgusting. Patients don't want to hear that while sitting in the waiting room.
2007-06-26 08:08:13 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Natural Quit Smoking Magic
2016-05-17 07:34:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unless she has some kind of employment contract, she is almost certainly an employee at will. As such, she can be fired for any reason that isn't legally prohibited as a reason for firing, like gender or race for example. Smoking is not a legally protected class, so yes, they could fire her.
They don't have a right to make her quit smoking. But they don't have to continue to employ her either.
2007-06-26 08:19:31 · answer #3 · answered by Judy 7 · 1⤊ 1⤋
It is illegal for employers to force employees to stop smoking.
It is classed as discrimination under the same category as having a piercing, the need to take medication, wearing a wedding ring or a turban, neither can legally be refused.
Unfortunately you stand among many thousand who are discriminated against and while employers have the upper hand you would need to find a specialist solicitor.
2007-06-28 14:10:02 · answer #4 · answered by Anonymous · 1⤊ 1⤋
My best advice is to talk to a lawyer. I have heard of a number of companies going to a "no smoking" policy for its employees, I know that there are a number of lawsuits because of this. Hope that you can help your friend and good luck.
2007-06-26 08:11:08 · answer #5 · answered by amysgetaways 3 · 1⤊ 0⤋
Harassment constituting as Grave Threat is the crime committed by the employer who forces the workers to vote with a threat of termination.
2016-04-01 05:41:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Try this website and type in specific keywords like smoking, workplace, etc. Good luck!
http://www.kslegislature.org/legsrv-legisportal/index.do
2007-06-26 08:15:07 · answer #7 · answered by lissie 4 · 1⤊ 1⤋
yes and no.
she has the right to smoke cause its not illegal.
but on the other hand its the doctor's workplace if she wants to work there she should obey.
money or smoking?
her choice.
2007-06-26 08:10:37 · answer #8 · answered by Anonymous · 0⤊ 1⤋
They do, unless she is in a state where smokers are a protected class of citizens.
2007-06-26 08:11:54 · answer #9 · answered by Mi Atheist Girl 4 · 0⤊ 1⤋