can a employer in california fire an employee for smoking?

Question

if said employee isn't smoking at the facility

Answer 1

No, unless the person's employment contract specifically prohibits smoking (think athlete). Regulation of otherwise legal conduct outside the workplace that is neither morally repugnant nor a poor reflection on the company is generally not cause for termination.

However, employers have broad powers to hire/fire at will absent any promises not to fire w/o good cause.

This is assuming you were smoking cigarettes. If you were smoking an illicit substance like marijuana, then by all means yes.

Answer 2

If the employee is still on grounds then yes if not than your friend might have a case look up discrimination laws in your state

Answer 3

In general, no. If that employee is smoking in an oxygen tent, then yes.

Answer 4

probably so smokers are third class citizens in these here United States these days.

Answer 5

well it kinda depends on what your smoking...