Legal Question in Employment Law in California

smoking at your work place

the restaurant i work just hired a new gm. this person said we are no longer allowed to smoke during our shift. i live in ca. so i go outside and smoke in a discret area. spray myself and always wash my hands when i'm through. my customers are always taken care of and never have had a complaint. is this legal? i've been there 10 yrs.


Asked on 8/19/07, 12:33 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: smoking at your work place

This is the subject of much debate but so far, we have no laws protecting smokers, and no case, that I am aware of, that says firing someone for smoking on their own time violates their right of privacy.

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Answered on 8/20/07, 12:31 pm


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