Is it legal or a violation of privacy?

[ParrotHead]

Ok, before we get started I don’t want to hear a bunch of preaching about how bad smoking is. Unless you’ve been in a coma for the past 30 years, everyone knows that it’s bad for you.

For those that haven’t heard, there is a company in Michigan. I believe it’s Michigan – somewhere up north. Anyway, this company adopted a policy starting January 1st that prohibited the use of tobacco products by its employees. The company so far has required employees to take tests to check for tobacco use and have fired people for either the use of tobacco and refusal to take the test.

In your opinion, is this a violation of rights and privacy or is the company justified in doing this?

I’ll start off with my opinions.

1. Any employer has the right to screen employees for possible uses of illegal drugs and the right to fire anyone that’s partaking in use of illegal drugs. However, tobacco is not an illegal drug and if you allow this to take place then you’ve opened the door to any drug being categorized as “bad for you”. What happens when you can’t have a beer after work because you’re afraid of being fired? Get a cold – better stay away from the medicines that contain alcohol also.
2. A company has the right the prevent the use of tobacco on it’s property however, they don’t have the right to tell you what you can and can’t do in the privacy of your own automobile or home. Privacy laws are created to protect individuals while they’re in their homes and not committing an illegal act. Again, smoking is not an illegal act.

My feelings on this is until tobacco use becomes illegal, no one has the right to dictate to you or I what we can and cannot do within the confines of our personal life. Make it illegal and you have solved this problem however you’ve created a whole mess of other problems including taxes, employment rates and unemployment benefits provided by the government.

If this is a case of an employee missing work because they’re doing something then every company has or should have policies and guideline that address these issues. They have every right to disapline an employee if that employee has abused sick time, they do not have the right to invade your privacy and tell you what you can and can’t do outside the workplace.

Accidents happens, are you ready to empower an employer to tell you that you can’t have a beer at home? Are you ready to empower an employer to tell you that you can’t play softball because you’re at risk for breaking a leg and missing time at work? Are you ready to empower an employer to dictate how many children you can have based on employee benefits and insurance? What other freedoms are you willing to allow an employer to dictate whether you have or have not?

[huntinsanobsession]

i don't smoke and i understand themm saying no smoking on the property but i don't think that they have anyright to fire people for smoking while not on the clock

[wtnhunt]

Dont think so. That is crossing the line imo.

[ QUOTE ]
My feelings on this is until tobacco use becomes illegal, no one has the right to dictate to you or I what we can and cannot do within the confines of our personal life.

[/ QUOTE ]

I dont smoke and never would, but I have to agree with this.

[popgun]

I would think that this could only be legal if the company or corporation had in their job descriptions that tobacco use of any kind was an inexcusable offense, and that the employee would be fired. The total cost of health insurance would also have to be the companies responsibility.
I have heard of some companies that do not allow their employees to ride motorcycles, or participate in activities such as sky diving, and scuba diving. To hold up in court however, the company must be the only party paying for the employees health and accident and life insurance.
I think this is definitely an infringement on the employees rights, to the pursuit of happiness.
.....popgun

[HuntingInMaine]

I heard about this on the news and think it is ridiculous. If they let them do this, then they should also go after the people who are over weight, and the people who don't follow a healthy diet, and then there are the people that don't exercise regularly. All those activities increase health insurance costs too. What I do after hours is no business of my employer's unless it is affecting my work performance.

[ParrotHead]

[ QUOTE ]
I heard about this on the news and think it is ridiculous. If they let them do this, then they should also go after the people who are over weight, and the people who don't follow a healthy diet, and then there are the people that don't exercise regularly. All those activities increase health insurance costs too. What I do after hours is no business of my employer's unless it is affecting my work performance.

[/ QUOTE ]

Ok - everyone that eats at McDonalds.....YOU'RE FIRED!

[Texan_Til_I_Die]

I agree that it's the absolute pinnacle of silliness, but in today's society with all of the "evils of tobacco" being shoved down everyone's throats daily by the anti-smoking Nazis, I can definitely see it happening.

[Mathews XT Man]

I support the "No Smoking" on private property if that is the wish of the propriator, however, I cant see where anyone can dictate to you what you can or cant do in your car or home. I dont smoke, but if you must..have at it, just dont come to me for insurance money after you get lung cancer!!

[carbonhunter]

[ QUOTE ]
I support the "No Smoking" on private property if that is the wish of the propriator, however, I cant see where anyone can dictate to you what you can or cant do in your car or home. I dont smoke, but if you must..have at it, just dont come to me for insurance money after you get lung cancer!!

[/ QUOTE ]


I've smoked on and off for along time , i don think its legal, No smoking on private property is one thing, but if i want to get cancer or risk it than i think i have the right to do it in my own home.

[slugshooter]

I knew we could find something else to agree on Parrothead.(checked outside...no pigs flying ), as far as the topic at hand, I am a smoker, I have no problem not smoking in a public building, restaurant, or a designated area within a workplace or none at all, I am lucky cause I work outside right now so I don't really have to worry about it, but I can't smoke inside the guard shack I sit in 8 or 12 hours depending on the shift. I have a serious problem with anyone telling me I wouldn't be allowed to smoke at home, in my vehicle or whatever, if they don't want smoking on their property so be it, but all they have done is opened themselves up for lawsuits aplenty by telling people they can't smoke at all, on the other hand, we had some recruiters from the Tallahassee , FL Police Department come to the college a couple months back and they handed me a couple fliers, their hiring requirements cleary state " No Tobacco Use of Any Type." I don't really see how that is legal, but then again I'm not a lawyer.