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No Smoking Policy and enforcement Florida

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  • No Smoking Policy and enforcement Florida

    Our company (very small) has a very strict no smoking policy. One of our managers was caught smoking in a company vehicle. Policy is termination, but the owner wants to give him the opportunity to stay and is requiring a cessation program to be completed within two weeks. Q1) Is this legal? Q2) Does it open up all kinds of issues for previous employees who have been termed and not given this option? Q3) Must all employees in the future be given this option? Q4) Can we put a disciplinary letter in his file stating that cessation is nessary and proven by a certain date, or termination is imminent?

    Thanks for the feedback!

  • #2
    1.) Yes.

    2.) No.

    3.) No.

    4.) Yes.

    No law says that all employees have to be treated exactly the same, only that any differences in treatment cannot be based on characteristics protected by law (race, religion, national origin etc.). If the owner wants to make an exception for this employee because he would be difficult to replace, or because he's in the middle of an important project, or even because he's the nephew of an important client, he may do so as long as your policy is not written in such a way as to constitute a contract.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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