Smoking and employment

Sometimes students think we make it up. Tuesday we talked about employers monitoring off-duty conduct such as smoking. After many students expressed disbelief that an employer could discharge an at-will employee for smoking–“But smoking is legal!”–I related how The Scotts Company did that very thing a few years ago. Welcome to at-will employment. The next … Continue reading Smoking and employment

Smoking Ban, Weight Tax, and Bias

Two news items bring to mind themes addressed in At-Will At Work, a recent post about Scotts Co.’s termination of an employee for smoking. First, the global smoking zone continues to shrink. Germany announced last Friday that it intends to ban smoking in restaurants, discos, schools, and public buildings. The ban would not affect smoking … Continue reading Smoking Ban, Weight Tax, and Bias

At-Will At Work

The Scotts Company, manufacturer of fertilizer and other lawn care products, forbids employees from smoking tobacco products–on or off the job. In September Scotts’ subjected its employee Scott (love these coincidences) Rodrigues of Buzzards Bay, MA to a urine test, which disclosed nicotine in his system. Scotts fired Rodrigues for violating its no-smoking policy. The … Continue reading At-Will At Work