Legal Question in Employment Law in Michigan
termination from work
Can an employer tell their employees that they can't smoke in their own cars as long as their car is parked in the employers parking lot? My employer is firing people for smoking in their own cars on breaks because they don't want cigarette butts thrown in the parking lot. They are firing their employees even if they smoke in their own cars and aren't throwing the butts in the parking lot but are using their ashtrays. I don't know how they find out that they are smoking, but we have had a meeting with them and they have told us we aren't allow to smoke in our cars at all. Can they also fire someone who was just walking with an unlit cigarette in their hand on the grounds? They told us we have to smoke in their smoking booth only.
1 Answer from Attorneys
Re: termination from work
Yes- They can do this. You are walking a very thin line here. You are an at will employee and they can terminate you for any reson they desire, unless an illegal reason. Smoking is not protected, and therefore a valid reason for firing. Visit www.kliszlaw.com for more info. Tim Klisz