Legal Question in Employment Law in California

My boss has written me up with a Corrective Action Statement for smoking cigarettes. I did not smoke on the company premises or in front of customers. He says I must quit smoking or else I face suspension or termination. Is he able to threaten me in this way? Is this discrimination?


Asked on 1/31/11, 8:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, regulations, etc. just not retroactively. That includes making no smoking on property a rule. They can't regulate what you do off company property or company time, subject though to drug testing. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. Smoking is not a 'protected' activity or category. The employee's goal should be to keep the employer happy.

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Answered on 2/08/11, 3:42 pm


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