Legal Question in Employment Law in California

Smoking outside the work place

I work in a building where there are no posted signs in where to smoke. I step outside my office door, and smoke right next to the outdoor ash try. The woman who works in the office right under neath mine, does not like the smoke. The manager has told me that I can not smoke there. Please tell me the law on smoking outside the work place in california. Thank you so much!!!


Asked on 8/24/07, 4:16 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Smoking outside the work place

The law? You're not going to be happy with the law. The courts currently hold that an employer can impose non-smoking on employees, even off site, off duty, 24/7, if they make that a stated policy.

That's not the only issue anyway. You're probably an 'at will' employee that can be fired any time, for any reason, or for no reason. Disregard the employers requests at your peril.

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Answered on 8/24/07, 6:04 pm


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