Legal Question in Business Law in Massachusetts

Smoking policy

Can your job forbid smoking on the Job? Even if you been wokring at said job for over 20 years and now start a new policy of a smoke free working zone ?


Asked on 4/01/09, 11:59 am

4 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Smoking policy

Yes, the employer can institute such a policy.

Start from the perspective that an employer can discharge an employee for any reason or no reason, with the exception of termination that violates anti-discrimination laws (e.g., race, gender, age, disability). Smokers do not constitute such a protected class; thus, an employer could condition continuing employment on refraining from smoking during working hours.

Best wishes (and consider this another reason to quit, beyond the panoply of others),

LDWG

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Answered on 4/01/09, 12:31 pm

Re: Smoking policy

Yes

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Answered on 4/01/09, 2:02 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Smoking policy

yes.

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Answered on 4/01/09, 8:09 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Smoking policy

The employer can set any policy he/she desires, as long as that policy is not illegal or against public policy.

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Answered on 4/13/09, 3:09 pm


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