Legal Question in Employment Law in Utah
Would firing an employee for smoking off the job be discriminatory?
Our firm just unknowingly hired a smoker. The supervisor that hired the employee was unaware of this habit until the first day of work (yesterday). The supervisor is concerned because this position requires working in the field, sharing vehicles and hotel rooms, and working with hazardous and flammable materials. Had he known this person smoked, he would've hired someone else, as he finds smoking offensive as well as hazardous to his health and a potential job hazard.
We currently have no written or posted smoking policy. One of our owners occassionally smokes cigars but only at home or in his personal vehicle. However, he does bring in very strong smoke-smelling documents that other employees must work with. Also, we have had smokers on staff previously, though none of them in this same position.
As Utah is an ''employment at will'' state, can we terminate this new employee without being discriminatory?
1 Answer from Attorneys
Re: Would firing an employee for smoking off the job be discriminatory?
The employee could be discharged without cause. The company would have its unemployment insurance charged if the discharged employee files a claim. Get your policies in writing and signed by all employees.
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