We have a non smoking policy at work, thats fine .?

psunuc

Can they legally do what?

Assume something, sure.

Fire her / penalize for smoking on the way to work, no.

Fire her / penalize for violating a dress/smell code, yes.

petey00petey

HEY IF THEY CAN FIRE YOU FOR SMOKING AT HOME I AM PRETTY SURE THEY CAN PUT THE SCREWS ON HER FOR THIS

parker_n_mj

No, they cannot, since it is not illegal to smoke in your car if you have no small children with you.

She would have grounds for a MAJOR civil suit against them, esp if she had that threat in writing.

SmartA$$

they cannot tell her that she can't smoke in her car on her own time, but they can say that she must be professional while at work, if she shows up smelling like smoke that wouldn't be professional. Its no different than if a person had really bad BO, if its bad enough to bother other people, then the company can say its a distraction and make the person go home and shower. Plus, if she deals with customers in any way, you have to remember that company wants to make sure you don't offend the customers.

paula_5150

Not unless they stated they dont hire smokers

djthrenody189

They can assume anything they want, but can't do anything about it. I always go out to my car to smoke during lunch so I come back smoky. My work doesn't want me smelling like that and THAT is something they can do to her. She is smart to not smoke in an enclosed space.

Wildwheeler

no, but they can ask her not to come to work smelling like that

â™¥Roseâ™¥

That doesn't sound legally ok....

RaceBannonOwnsChuckNorris

I believe so, because trying to confirm no cigarette had been used in the building would be difficult, so that would consume time. Well, maybe not legally, but I'm on the company's side for that reason.

Rsdgtrdg F

http://www.e-forexinfo.blogspot.com

radiant_rose_arising

They can legally do nothing about the actions of an employee while he or she is not on the premises. If they cannot prove that she is doing it on site, they have no legal grounds to punish her.

this screaming inside my head

No they cannot

Hannah S

i think they can if they go to the law about it she will most likely looose because the boss alll ready told her not to smoke on the way to work

Mr. Goodhi

Yes,

then again, how do they know she wasn't sitting in the smoking section of a restaurant?

Mike

No, if you were smoking in your car they can't accuse you of anything. Thats like someone telling you that you eat in the bathroom. Heh.

David S

Can they legally do what? It sounds like your friend has decided not to smoke in the car on the way to work on her own, not because she was told not to by her boss. Anyway, they can tell her not to smoke on the work premises, but they can't tell her not to smoke in her car on the way to work. If she's worried about the smell, she can chew a stick of gum.

DATshakthiMA

i don't think so. take it to court.

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