Written up for vaping at work.. California

[Mike831]

So just 2 weeks ago I was vooping (vaping/pooping) at work. The bathroom is well ventilated and there was no visible vapor in there when I was finished.
After stepping out of the bathroom, my supervisor walked in there. She asked me if I had been "smoking" my "electronic cigarette" in there, and I decided to be honest. I told her that I had. She told me that she wouldn't say anything, but that what I did was against the law and that if I did it again, I would be in serious trouble.
That next Tuesday, after memorial day weekend, I was asked to meet at our administrative office. This meeting was basically for them to write me up for "smoking" indoors. They told me that what I did was against "state law, City of Santa Cruz ordinance, and safety and fire codes.
I kind of just took it all in. I knew in my mind that they very well could be wrong about these laws and ordinances, but I wasn't certain enough to fight them on it.
I've been doing research for the past two weeks and have yet to find anything to support their allegations. The only state law pending is ABX2-5 which is still inactive.
If any of you guys out there have any info on whether or not what I did was illegal or punishable by law, please, let me know. If what I did was against some sort of law or ordinance than I will accept my write up; but if it isn't.. I plan on fighting them back with plenty of information in my arsenal.

 

[AzPlumber]

I would ask them to cite (number) the law/ordinance/code they are referring to.

 

[pennysmalls]

This really sounds like they're referring to tobacco smoking laws which probably don't apply to vaping (yet) in Santa Cruz. It also seems like they may think vaping is smoking. Was there no discussion on the difference between the two during the meeting?

 

[mostlyclassics]

Mike831, it sounds to me like it's time for you to change employers. And, if at all possible, to leave California.

 

[wheelie]

Warnings on your ejuice bottles kill me. How does California Governors and lawmakers know more about the dangers of vaping than any medical experts in the entire world?

 

[oplholik]

Mike831, it sounds to me like it's time for you to change employers. And, if at all possible, to leave California.

I know Ca is bad, I live here, but where is he gonna go that's any better?

 

[YoursTruli]

Local Laws Regulating Use of E-cigarettes
Laws Restricting E-cigarette Use in 100% Smokefree Venues
Santa Cruz - Non-Hospitality Workplaces, Gambling facilities

Smokefree Lists, Maps, and Data - no-smoke.org
current As of April 4, 2016
Laws Currently in Effect
State Laws Restricting E-cigarette Use in 100% Smokefree Venues: 9
State Laws Restricting E-cigarette Use in Other Venues: 16
Local Laws Restricting E-cigarette Use in 100% Smokefree Venues: 507
In addition, 333 local laws restrict E-cigarette Use in Other Venues (not listed above)

 

[Taowulf]

I live in Oregon and ecigs/vaping have been included in this states Indoor Clean Air Act.

Should vaping be included with smoking? Of course not, we all know it is far less harmful than smoking as far as "secondhand" vapor goes.

That aside, do keep in mind that vaping can set off smoke detectors easily, so yeah...don't vape indoors at work. Save that for home.

 

[xhuffer]

CA state law against vaping at work went into effect 6/9/16. Don't know about local law. Ask them to site the ordinances supposedly violated.

 

[Robert Cromwell]

Vaping by employees is prohibited by employees on any Lowe's property. And you WILL be written up. And can be fired.

No law is needed just a company policy.

 

[rico942]

I stealth vaped at work for the last year before I "retired" in 2014, including in the bathrooms. Far less obtrusive than the guys who would hold a loud cell phone conversation in the next stall. Or burnt microwave popcorn ...

I decided in advance that I would never admit to vaping, no good would come of that in a work environment with predatory management policies and a never-ending "witch hunt" for violations of company policy. They would want it to be smoking, and so it would be, within their realm ...

HR departments can be like the FDA, hungry to expand their authority, eager to create misery, and perfectly capable of altering reality to their advantage ...

I didn't exactly retire voluntarily at 62, I intended to tough it out for four more years. But when the HR director reviewed medical insurance invoices and surmised that I had been diagnosed with Parkinson's Disease, she summoned me to ask if I were taking "precautions" to protect my co-workers. The corporate attorney present in the meeting leaned in and whispered something, presumably to enlighten her that PD is a neurological condition, not a contagious bacterial or viral disease. This, of course, embarrassed and infuriated the HR director ...

Consequently, after 11 years of service, I was on the very next layoff list 2 months later, along with a diabetic, a victim of multiple heart attacks, a hip replacement, and 11 others with a recently diagnosed illness or disability, all of us over 55 years old. A successful payroll reduction operation ...

They never got me for vaping, but they did for becoming disabled ...

And before anyone says "they can't do that", it seems that they can. My position was "eliminated" in the division in which I worked. A younger person at about half of my salary was transferred from another division and given a slightly different title, and the exact same responsibilities. All perfectly legal, according to three different employment attorneys ...

Sorry for the rant, but work injustice threads still get me riled up, almost two years into retirement. I WILL get over it ...

 

[Racehorse]

And before anyone says "they can't do that", it seems that they can. My position was "eliminated" in the division in which I worked. A younger person at about half of my salary was transferred from another division and given a slightly different title, and the exact same responsibilities. All perfectly legal, according to three different employment attorneys ...

There are people who fight these things, but considering it takes up at least 10 years of your life (legal battles are long and that is a conservative estimate).

I think your life will turn out better in many ways.

I know so MANY workers, with very extensive workplace histories, and very advanced educations, who were laid off in their 50s.......under all kinds of *pretenses*. Why pay somebody with experience and knowledge when you can pay a new shooter kid in their 20's 1/2 of that? Some vice presidents get together out on a golf course somewhere and figure out how much more $$ will go into their pocket this way.

This is how we end up with disasters like the The Deepwater Horizon spill, etc.

The bottom line is penny wise pound foolish quite often. And it's hard to envision a "great nation" operating on these kinds of premises. But there you have it.

Workers over 50 are the new "unemployables". And some, who weren't living below their means, and/or weren't proactive about planning, are bleeding out their savings once they are let go, because they rarely find comparable salaries as "employees" .

Best off are those with skills where they can open their own consultancies or small business like a tax office, etc. Even something like lawn care (hire young people to do the work while you get the customers, etc.) One of my friends opened a top soil business and is doing great!

Also best off are people nearing that age who have downsized their lives voluntarily, instead of waiting to the point where they may be at risk or can no longer pay a mortgage, etc.

Some of the smartest moves in life are those which you make proactively, and in advance of being "forced" to do it. Most people don't want to do this because it does represent a certain amount of loss and/or change. i.e., you do have to give up certain things. Fortunately for the smart people, most of those things are not really necessary to your life, and one can live quite comfortably without some of the bells and whistles if they sat down and thought about it.

And oftentimes, one can finally do work that is more deeply engaging, more satisfying, which to me, is a GREAT trade-off for wearing simpler clothing, not eating out all the time, etc. - and possibly trading in your big house with a mortgage and high utilities for a smaller home with no mortgage, etc. Most people in their 50s with kids who have left, etc. really don't *need* a 3,000 square foot home anymore.

Most everyone I know is in the age group of 50-65, and every one of them has sold their larger homes and properties and are thrilled with their new lifestyle and extra cash. And, their freedom.....

 

[rico942]

There are people who fight these things, but considering it takes up at least 10 years of your life (legal battles are long and that is a conservative estimate).

I'm letting others carry the banner this time, and some lawsuits have already been in process ...

In the 22 months since I was "retired", I have received no less than three checks from successful class action suits against my former employer, all regarding illegal payroll practices ...

The big lawsuits, for illegally exposing employees to toxic chemicals, are just beginning. I am looking forward to my deposition(s) ...

My favorite quote from "Gladiator" ...

"And I will have my vengeance, in this life or the next."

 

[FishingBuffalo]

The corporate world is just as guilty as the gubernent as far as telling people how to live their life and conduct themselves. They call it rat race for a reason.

 

[Robert Cromwell]

The corporate world is just as guilty as the gubernent as far as telling people how to live their life and conduct themselves. They call it rat race for a reason.

Misnamed. Rats treat each other better.

 

[zoiDman]

So just 2 weeks ago I was vooping (vaping/pooping) at work. The bathroom is well ventilated and there was no visible vapor in there when I was finished.
After stepping out of the bathroom, my supervisor walked in there. She asked me if I had been "smoking" my "electronic cigarette" in there, and I decided to be honest. I told her that I had. She told me that she wouldn't say anything, but that what I did was against the law and that if I did it again, I would be in serious trouble.
That next Tuesday, after memorial day weekend, I was asked to meet at our administrative office. This meeting was basically for them to write me up for "smoking" indoors. They told me that what I did was against "state law, City of Santa Cruz ordinance, and safety and fire codes.
I kind of just took it all in. I knew in my mind that they very well could be wrong about these laws and ordinances, but I wasn't certain enough to fight them on it.
I've been doing research for the past two weeks and have yet to find anything to support their allegations. The only state law pending is ABX2-5 which is still inactive.
If any of you guys out there have any info on whether or not what I did was illegal or punishable by law, please, let me know. If what I did was against some sort of law or ordinance than I will accept my write up; but if it isn't.. I plan on fighting them back with plenty of information in my arsenal.

What you are seeing is the "Double Whammy".

And that is when a State includes e-Cigarettes as a "Tobacco Product" (CA SBX2-5 2016) ...

Bill Text - SBX2-5 Electronic cigarettes.

... and then uses the New Definition of an e-Cigarette to roll it into a Workplace Ban on Smoking Tobacco Products (ABX2-7 2016) ...

Bill Text - ABX2-7 Smoking in the workplace.

Seeing that it occurred at work and your Employer is the one who is Contesting you using an e-Cigarette while in an Enclosed Space, I would just take the Lump, and Only Vape in outdoor areas.

 

[zoiDman]

BTW - At the Bottom of this Article it listed the Tobacco and e-Cigarette laws that were Recently Pass and signed by Brown. And ABX2-10 that was Passed but Vetoed by the Governor.

BTW2 - The "X2" means that these were "Special Session 2" bills.

 

[OcalaFlGuy]

Mike831, it sounds to me like it's time for you to change employers. And, if at all possible, to leave California.

Bingeux.

Going to War against your employer usually just ends up with you not having that job anymore.

+ Pi on the Leave Cali idea.
Bruce in Ocala, Fl

 

[Canadian_Vaper]

Is there any state laws on vaping in your state? if not they are thinking you are "Smoking", if there's nothing burning it's not smoke so you should have said what I just did...

If it's a company policy you're out of luck....

If there's no visible vapor I usually say I was just filling my tank and that's why you smell it, otherwise I just lie about it and say no I wasn't, chances are the complainer was an ANTZ and in their eyes they see all forms of nicotine as evil and don't think you should be using it whether it is hurting them or not...

a little trick to make the lies more believable is to maintain eye contact, most liars look down when lying it is a dead giveaway...

 

[aznnp77]

If you value your job, you should stop vaping inside, whether or not it's legal. If they don't fire you, they can make work life crappy for you. A happy boss is a nice boss.

I hate to be a prikkk but what makes you think it's okay to vape inside? Most places are adopting vaping policies that mimic those of cigarettes. It's completely understandable, because we all know that despite probably being healthier than cigarettes, we have no proof that second hand is completely safe for those around us. Plus smokey air is distracting in a workplace. Just go outside, problem solved and job saved.