Just get it over with and make it illegal.

Vedderlution_Baby

http://www.wgal.com/news/10429399/detail.html

Man Fired For Smoking Sues Company
Worker Says He Wants Job Back

POSTED: 7:30 am EST November 30, 2006
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BOSTON -- A Massachusetts lawn care worker who was fired for being a smoker is now firing back.

He's filing a first-of-its-kind lawsuit in Massachusetts.

The case is likely to be watched very closely, because the man was fired not for smoking on the job but for smoking off the job.

Scott Rodrigues, 30, was fired in the fall for failing a drug test administered by his employer, Scotts Lawn Service. The father of a 4-year-old boy, Rodriguez said he was astonished when he was told his employment was being terminated.


"I don't do anything. I don't drink, I don't do anything. And he goes, 'No, it was for nicotine,' and the room's spinning, basically, I'm going, what? I got tears welling up in my eyes. I go, 'You know, I love this job,'" Rodrigues recalled.

The lawn care company had adopted a new policy of not hiring workers who use tobacco products. The intent is to reduce employee health care costs. The legal question, however, revolves around whether it's discriminatory to fire someone for doing something on their own time that's legal, but against company policy.

"I go look, this isn't right. This is what I do at home. I never smoke in the vehicles. Never smoke in front of people. Never smoke in front of customers. I never smoke at the shop," Rodrigues said.

He said the company offers a smoking cessation program which he had planned to take part in. Now, he just wants his job back.

"Definitely like a chance to work and I really, I'd like for this thing to go away, but I don't want it to go away without everybody being protected," Rodrigues said.

The company said it's simply an economic issue, saying that it's a well-documented fact that smoking employees have more health problems.

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This is pretty ridiculous to me. Why not just go ahead and make smoking illegal? It might as well be. People can even smoke on their own private property anymore.

sapperskunk

I've heard of companies giving timelines for mandatory smoking cessation, but this is ridiculous. Sounds like the guys got a law suit.

NOCODE#1

Vedderlution_Baby! wrote:

http://www.wgal.com/news/10429399/detail.html

Man Fired For Smoking Sues Company
Worker Says He Wants Job Back

POSTED: 7:30 am EST November 30, 2006
Email This Story | Print This Story
Sign Up for Breaking News Alerts
BOSTON -- A Massachusetts lawn care worker who was fired for being a smoker is now firing back.

He's filing a first-of-its-kind lawsuit in Massachusetts.

The case is likely to be watched very closely, because the man was fired not for smoking on the job but for smoking off the job.

Scott Rodrigues, 30, was fired in the fall for failing a drug test administered by his employer, Scotts Lawn Service. The father of a 4-year-old boy, Rodriguez said he was astonished when he was told his employment was being terminated.


"I don't do anything. I don't drink, I don't do anything. And he goes, 'No, it was for nicotine,' and the room's spinning, basically, I'm going, what? I got tears welling up in my eyes. I go, 'You know, I love this job,'" Rodrigues recalled.

The lawn care company had adopted a new policy of not hiring workers who use tobacco products. The intent is to reduce employee health care costs. The legal question, however, revolves around whether it's discriminatory to fire someone for doing something on their own time that's legal, but against company policy.

"I go look, this isn't right. This is what I do at home. I never smoke in the vehicles. Never smoke in front of people. Never smoke in front of customers. I never smoke at the shop," Rodrigues said.

He said the company offers a smoking cessation program which he had planned to take part in. Now, he just wants his job back.

"Definitely like a chance to work and I really, I'd like for this thing to go away, but I don't want it to go away without everybody being protected," Rodrigues said.

The company said it's simply an economic issue, saying that it's a well-documented fact that smoking employees have more health problems.

---

This is pretty ridiculous to me. Why not just go ahead and make smoking illegal? It might as well be. People can even smoke on their own private property anymore.

curious a lancaster pennsylvania news website had this story

norm

This isn't right. What he does on his own time and doesn't effect his work is his business.

Vedderlution_Baby

NOCODE#1 wrote:

why are you looking at a lancaster pennsylvania news website?

It was on collegehumor.com

qtegirl

Vedderlution_Baby! wrote:

The company said it's simply an economic issue, saying that it's a well-documented fact that smoking employees have more health problems.

Do they also check what foods their employees eat, how much exercise they get?

I know smoking is bad for you, but it's not illegal and he wasn't doing it on the job. I think he has a good chance of winning this fight

farfromglorified

It's sad that this guy will win his lawsuit. This company should have every right to fire him for smoking, regardless of whether or not it was done on company time.

sapperskunk

farfromglorified wrote:

It's sad that this guy will win his lawsuit. This company should have every right to fire him for smoking, regardless of whether or not it was done on company time.

Obesity is just as bad right, should employers be able to fire someone who's put on weight?

norm

sapperskunk wrote:

Obesity is just as bad right, should employers be able to fire someone who's put on weight?

I was gonna ask the same thing?

RockinInCanada

farfromglorified wrote:

It's sad that this guy will win his lawsuit. This company should have every right to fire him for smoking, regardless of whether or not it was done on company time.

Please be joking.....I do not like smoking (although used to) but it is decision to do so and hell it is still legal the last time I checked....ridiculous...to fire him for smoking will set quite the precedant....

stuckinline

i find it ironic that a lawn care company that manufactures POISON for our lawns that will eventually get into our water supply, is concerned about an employee smoking off the job


btw i am a non-smoker

farfromglorified

sapperskunk wrote:

Obesity is just as bad right, should employers be able to fire someone who's put on weight?

Certainly.

know1

This is just one more reason that I think employers should stop providing health insurance to employees. They could give all the employees raises with the money they spend and let them purchase their own. I think Health Insurance is one of the biggest scams ever.

stuckinline

know1 wrote:

I think Health Insurance is one of the biggest scams ever.

i completely agree with this statement!

know1

gluten919 wrote:

i completely agree with this statement!

I can't stand health insurance. It is the biggest reason that healthcare costs are so high. It has no business being tied to employment.

sapperskunk

farfromglorified wrote:

Certainly.

Ha Ha, that's pretty heartless man, ok how about a different scenario? What if on weekends I play hockey with friends, it's a dangerous game and I could seriously get hurt doing it, which could easily effect my health care, should I be fired for doing "dangerous" things in my off time?

farfromglorified

Rockin'InCanada wrote:

Please be joking.....

Nope.

I do not like smoking (although used to) but it is decision to do so and hell it is still legal the last time I checked....ridiculous...to fire him for smoking will set quite the precedant....

You mean a precendent that says a business should be free to choose its employees by its standards? God forbid.

The Illinoisemakers

cutback wrote:

This isn't right. What he does on his own time and doesn't effect his work is his business.

Wrong. When the company has to pay hundreds of thousands of dollars to take care of thier employees poor health habits whether they are at home or at work, the company should have a say. Hey if this guy really wants to smoke he should tell the company he will take his job minus any health care benefits. Let him pay for his disgusting habit, by paying for the insurance premiums out of his own pocket. I wonder how long it would take him to quit.

sapperskunk

The Illinoisemakers wrote:

Wrong. When the company has to pay hundreds of thousands of dollars to take care of thier employees poor health habits whether they are at home or at work, the company should have a say. Hey if this guy really wants to smoke he should tell the company he will take his job minus any health care benefits. Let him pay for his disgusting habit, by paying for the insurance premiums out of his own pocket. I wonder how long it would take him to quit.

Ya know Mr. Maker, if I didn't know better, I'd say you weren't a smoker?

farfromglorified

sapperskunk wrote:

Ha Ha, that's pretty heartless man, ok how about a different scenario? What if on weekends I play hockey with friends, it's a dangerous game and I could seriously get hurt doing it, which could easily effect my health care, should I be fired for doing "dangerous" things in my off time?

I didn't say anyone should be fired for any of these things. I said employers should be able to fire people for these things.

Let me ask you this: should you be able to quit your job for any reason?

The Illinoisemakers

sapperskunk wrote:

Ya know Mr. Maker, if I didn't know better, I'd say you weren't a smoker?

Two packs a day. So smooth and so fresh.