Legal Question in Employment Law in California

There is an old case that said that it is unlawful for an employer to retaliate against an employee who complains about being subjected to smoking in the workplace. This was even before smoking was outlawed in most facilities.

You have the right to refuse to be subjected to an environment you reasonably believe to be unhealthy or unsafe. But not all employers follow the law and you may be fired for complaining or refusing, which means you have to decide which is more important to you, your job or the possibility of a lawsuit.

Since the facts you provide are extremely limited, you should consult with an employment law attorney, who can assess the facts of your situation and provide appropriate legal advice and options before you decide what to do.

It is improper for a company to compel an employee into a smoking area without their actual voluntary consent.. You have a potential WCAB claim, and a potential policy violation claim. If serious about hiring counsel to help in this, feel free to contact me.