Fired for smoking?! Sounds like fiction but it's true. It happened to Anita Epolito, at Weyco Inc., an insuance benefits administator company, according to a previous news story from this year.
Many states allow companies to legally hire and fire based on your life outside of work. Now with the push for health conscious staffers, companies have expanded the list of taboo off-hours endeavors to include smoking. Weyco started testing its employees for nicotine last year and stopped hiring smokers entirely. Employees who test positive are suspended without pay for a month and could lose their jobs with repeated violations. Weyco also recently expanded its regulations to include employee spouses, making the employee pay a fine if their spouse tests positive.
This “at-will” law is imposed in 20 states (the other 30 limit an employer's judgment to inside the office), but it's 20 too many. How is that legal? I'm an adamant non-smoker and I am all for companies encouraging employees to be healthier--we all need a little push in that area. But to base someone’s job and livelihood on a non-work related habit is utterly preposterous.
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