Smokin!

[jseal]

Four employees of the healthcare firm Weyco have been fired after refusing to take a test to determine if they were smokers.

The Michigan-based Weyco, introduced a policy banning its staff from smoking - even away from the workplace. The firm says it is to keep health costs down and has helped 14 staff to stop smoking.

Weyco gave its staff an ultimatum last year - either stop smoking by 01-JAN-05 or find another job.

[lizzardbits]

although it is a good idea to offer employees an incentiive to stop smoking, this was carried out to an extreme. i think that the firing was an infringement to their rights.

as an off and on smoker, myself, i have chosen many times to quit and there are personal incentives to do so, but if i was given an ultimatum to quit, i would continue, just to thumb my nose at those who thought that they needed to tell me what to do with my freetime.

[osuche]

I am all for encouraging healthy lifestyle choices...but what's next? A monthly employee weigh-in? :yikes:

[Irish]

I smoked two pks of Camels a day.I quit over 35yrs ago because I wanted to.
As Lizzardbits said,if they had TOLD me to,I would probably have continued.
I worked at Sikorsky Aircraft at the time.As long as you did your job,they
didn't care what you did in your own time.I think that's the way it should be!
Irish

[cowgirltease]

A very contoversial subject. I'm waiting to see what happens with this......
I'm sure someones going to go to court over this one.

[WildIrish]

Until they make smoking totally illegal...I don't think it's legal to fire someone for partaking of a legal practice at home. Many companies have termination clauses that enable them to fire you for doing anything that publicly embarasses them, but I don't even think that would apply here.

I'll have a seat and watch this too. Very interesting. :corn:

[Vicious Tease]

Is that legal? Good grief! An incentive to stop smoking would be offering to buy your employees the patch ... or gum ... or send them to a hypnotist. Or better yet, do what many other businesses have done and make the "smoking area" at the far end of the parking lot with no cover to block the cold, wind and rain. (I've shivered through many a cigarette)

Ben & Jerry's is bad for you too ... but if they start testing for Chunky Monkey I'll be out of work permanently. :whack:

I look forward to the court battle.

[Lilith]

I am all for encouraging healthy lifestyle choices...but what's next? A monthly employee weigh-in? :yikes:
Actually yes...the company put a weight loss program into effect. They sponsor gym memberships and pay incentives. They would have made it a job requirement but it is against the law. Obesity is covered under ADA, I believe.

[Aqua]

It doesn't seem like it would be legal for them to do so, but consider this... There are companies that do not allow inter-office dating even though dating a co-worker is not against the law. I think it's extreme, but I am not sure if I am against it. Maybe it will be the right incentive for some of these folks to finally quit. Then again, if my Mom had been working at this place and now she had to quit smoking or be fired... I think I'd be rather pissed. I need to think about this one awhile.

[Irish]

Actually yes...the company put a weight loss program into effect. They sponsor gym memberships and pay incentives. They would have made it a job requirement but it is against the law. Obesity is covered under ADA, I believe.
I heard something about this on the radio or TV.It is strictly an incentive program.tho.Many companies have been giving this incentive for awhile.My
wife works for Liberty Mutual & I know that they pay partial payments for
club memberships for an employee or their spouse. Irish

[Sharni]

Hmmmmm...well i spose if they're the ones that are footing health bills relating to the smoking...then yep i believe its their right to impose such a thing of their employees

Like they said like it or go elsewhere

[Pita]

So I quit smoking which will depress me and I will have to go eat McDonalds everyday for lunch to satisfy my cravings and then I become super fat and make the company pay for my health insurance due to my obesity.

Hey it could happen. :D

[BIBI]

I wish someone could ban me from smoking.....

[jay-t]

Before the employees can sue they need to look at Wis. labor laws.If Wis. is an "at will "state there can be no legal repercussion. "at Will" means a company can fire you for any reason or no reason at all,you can be fired for the way you part your hair if they want to.

Any company that thinks they can regulate your life away from work (as long as you are not doing something illegal) is not worth working for any reason!

[maddy]

I can not wait to see how this plays out. As a manager I've often thought of all the crazy things that would make HR types fall over on the spot that I would like to see instituted as mandatory ... yup, I was very close to making it an objective to take a daily multi-vitamin to encourage HEALTH rather than continuous use of sick days.

[blkcat]

I used to smoke on the job,but now i use more lube

[Scarecrow]

And next they will ban alcohol and after that sugar and after that ....

So were does it stop?

[LixyChick]

They won't ban sexual promiscuity...they won't ban drinking...but they CAN ban smoking???????? I just sat through the report and heard the head of the company say so himself.

Where's the separation? Sexual promiscuity can lead to health care issues. So can drinking. How can they separate them and make it legal?

And lets not forget second hand smoke! So...if these people are tested randomly and an essence of smoke is discovered...they are fired? Or...do they have to curtail their wanderings and find those bars that have banned smoking so they can drink their sorrows away smoke free? Hell, I could be waiting for a bus and a smoker could be beside me. This has too many implications and my head is spinning now! Arrrrggggggg! And if it's an "at will" company, as jay-t has said...what if these employess have been there since day one and this is just now instituted? This company should be called Whacko...not Weyco. I'd sue just to make them call the company by it's true identity!

This is indeed a watcher!

BTW...someone has to find the end of the planet for me soon...I've GOTTA get off if this plays out in the company's favor!

[Master Scribe]

According to the news last night the company is in a state that allows persons to be terminated for smoking in that it is a company policy that was violated. Only 13 ( I think) states have passed laws that protect smokers from job termination. I do agree that the company does not have a right to terminate based on what one does during their off hours. I also believe that since the owner of the business stated on national television that one of the reasons was to help save money that if an employee can show that they have not taken any time off due to smoke related medical reasons that they would have a good chance of making a case legally.
But that is just my opinion of course