Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

No Smoking Policy and enforcement Florida

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X