hey guys.. could use some help... "legally" - Page 3
Page 3 of 7 FirstFirst 1234567 LastLast
Results 21 to 30 of 64
Like Tree2Likes

Thread: hey guys.. could use some help... "legally"

  1. #21
    Ultra Member ECF Veteran
    Join Date
    Feb 2010
    Location
    USA
    Posts
    2,638

    Default

    I think ThePuck nailed it. It's all going to depend on the conditions and equipment they maintain. Obvious comparison would be to something like an exposed element space heater. Is equipment and electrical stuff required to be certified for use in a flammable environment? I'm assuming it's not that rigid or they would have requirements like no shoes/boots with nailed soles, etc.

    1) will be the technical aspects of your e-cig
    2) will be the "smoking" and disruption aspects of you appearing to be smoking on the floor. If you are union let them do the talking and negotiations. If you're not, I'd play dumb and condescending. "It's just vapor and I thought it would be ok". "Umm, no, now that you ask, I never even thought about how the thing works but I'll find out". Get it continued and go from there based on their response.

    If I had to wager (without knowing anything about your plant) I'd say that if you go into the initial meeting on the offensive you're going to lose big time.

  2. #22
    Forum Supplier ECF Veteran eric's Avatar
    Join Date
    Mar 2009
    Location
    Texas, USA & Gloucestershire, UK
    Posts
    2,489

    Default

    Quote Originally Posted by izapmp View Post
    so i just started vaping last week... got my beautiful 901 and some juice and love it... in fact, i love it so much that i took it to work and showed it off. I work at a factory where brake pads are made and there is a strict no smoking policy because of the brake dust in the air can ignite with an open flame.. well somebody saw me vaping and assumed i was smoking and i got reported to the higher ups.... long story short, i have been told not to use it anymore.. i plan on fighting it hard core... (the smoking policy includes tobacco products only)... but i was hoping for somebody to tell me what options i might have if i am unsuccessful at fighting it and then get terminated for doing it anyway... would rather not have that happen, but if i'll be ok letigiously in the long run, then i am willing to go ball to the wall so to speak...

    btw... i know this isnt the right place for this, but its the only place i can start a new thread tight now...

    thanks in advance for any help
    Businesses are privately owned. If they ask you not to do something on their property, it's best to adhere to their request. You can always try changing their minds, but I really wouldn't suggest pushing it too hard. Ignorance is bliss as they say. I wish you the best and happy vaping!

  3. #23
    Full Member
    Join Date
    Dec 2009
    Location
    Knoxville
    Posts
    18

    Default

    Good Luck!

  4. #24
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Default

    ok so here is the update....

    I was told by HR that my PV was under the same restrictions as an analog... can only use it outside or in the approved smoking area. I was not happy as you can guess, but i think i handled it calmly and maturely. I asked why and i was told that the reason was based solely on the basis of other employee reactions. They dont want to be seen as giving me preferential (sp?) treatment and dont want other smokers to be jealous. I even asked if that was the only reason and was told that it was. I explained that one of the reasons i got my pv was so i wouldnt have to go outside and freeze in the winter and def so i wouldnt have to go into the smoke room, which has clouds of smoke pouring out of it during breaks... i asked if i could just stand near the back door on breaks but stay inside and was told i could not.

    Now to be clear, i am not asking to vape during work... i can wait til breaks no problem... would be cool if i didnt have to, but its not a big deal.. i dont want special treatment, i just want fair treatment and dont think its too much to ask for. i understand that if i get to use my pv inside and not in smoke area it might make others jealous, but we arent kids. I am jealous of my boss's nice SUV, but that doesnt mean he shouldnt be able to drive it to work.

    Anyway, i guess i just wanted to see if anyone else had similar stories and it ended well for you or if you just dealt with it... Im not really sure what im going to do as of yet. i need my job, but i feel kinda of violated and feel like my rights have been taken from me because of the ignorance of others.. kinda sucks if there is nothing i can do about it.

  5. #25
    PV Master ECF Veteran
    Join Date
    Jan 2010
    Location
    A Brit, abroad, (USA)
    Posts
    4,174
    Blog Entries
    6

    Default

    In truth they don't have to pander to your addiction at all - it's not like an illness (even if it were seen, like alcoholism, to be an illness, they wouldn't let you drink on the premises lol) where you need certain medications that cause no issue to others.
    In this case they have an anti-smoking policy in most areas of their premises, but have certain areas set aside for smokers. This is actually pretty good of them - a lot of business just say ' you can't smoke on our property period'. That includes the grounds, not just the buildings.
    Sorry to say that in this case you don't have any 'rights' - there is no 'right to smoke' except in your home (YOUR property) unless your landlord (if you rent) has specifically stated otherwise.
    Your employer here really has the last say on the matter, and has done so in no uncertain terms.
    Of course if you stealth vape in a private stall/cubicle - holding in vapor so hardly any comes out - in the bathroom I can't see they'd find out (not the most pleasant of places granted but better perhaps than going to the smoke room). Understand I'm not encouraging you to break any rules, or put yourself in a position to get fired

  6. #26
    Member
    Join Date
    Feb 2010
    Location
    Kentucky
    Posts
    6

    Default

    i get what you are saying CaptJay... and i agree with you... its just that from my point of view they are denying my request just because they are afraid of what other people may or may not say... and to be honest, i dont care what those other people say... i know some people will get pissed off because i would be able to vape openly in the facility while they have to go to designated areas... They can either get over it, or they also have the option of getting one themselves.. if i did, they can too...

    in fact, there are several people at work that have asked abt mine and are planning on getting them as well... to tell ya the truth i was surprised at their stance on the whole thing... i havent met many smokers at work that werent intrigued by my pv and inquired where they could get one too.

    i guess it just seems assinine that i am not able to use a device that harms no one just because it might look like an analog, which it doesnt... most people think im carrying a pen or a laser pointer until i vape off of it.

    And i know there really isnt much i can do abt it... but im still rather pissed over it.

  7. #27
    PV Master ECF Veteran
    Join Date
    Jan 2010
    Location
    A Brit, abroad, (USA)
    Posts
    4,174
    Blog Entries
    6

    Default

    That may be the real reason or it might just be the reason they are giving you - perhaps if there are more people using a PV at your company than smokers in the future, your management will reconsider, but until then...

  8. #28
    Full Member
    Join Date
    Jan 2010
    Location
    Miami
    Posts
    104

    Default

    here is my input on this:


    I believe i speak for most of us in the E cig community when we decided to inform ourselves to conduct a healthier habit, and enrich ourselves with the right information about nasty analogs.

    now that mentioned, i believe that the australia, and canada lost their rights to vape due to governmental regulations and NOT one voice advocating the good use for an ecig.

    now we seem to be following the same pattern where we adhere by the ignorance of ppl just because they see it as a vice...

    FML
    FML
    FML

    it sucks that this guy has to go through this must trouble just to take a defendless vape, but what frustrates me the most is that the vaping community would also side with companies to avoid confrontation. honestly, if you all took the trouble to learn about Pvs and change your life to another habit, why would you settle for the ingorance of others....

    anyway...

    ty for reading this..

  9. #29
    Super Member ECF Veteran
    Join Date
    Jul 2009
    Location
    In the Gorgeous Rocky Mountains of Beautiful COLORADO!!
    Posts
    612

    Default

    Quote Originally Posted by izapmp View Post
    ok so here is the update....

    I was told by HR that my PV was under the same restrictions as an analog... can only use it outside or in the approved smoking area. I was not happy as you can guess, but i think i handled it calmly and maturely. I asked why and i was told that the reason was based solely on the basis of other employee reactions. They dont want to be seen as giving me preferential (sp?) treatment and dont want other smokers to be jealous. I even asked if that was the only reason and was told that it was. I explained that one of the reasons i got my pv was so i wouldnt have to go outside and freeze in the winter and def so i wouldnt have to go into the smoke room, which has clouds of smoke pouring out of it during breaks... i asked if i could just stand near the back door on breaks but stay inside and was told i could not.

    Now to be clear, i am not asking to vape during work... i can wait til breaks no problem... would be cool if i didnt have to, but its not a big deal.. i dont want special treatment, i just want fair treatment and dont think its too much to ask for. i understand that if i get to use my pv inside and not in smoke area it might make others jealous, but we arent kids. I am jealous of my boss's nice SUV, but that doesnt mean he shouldnt be able to drive it to work.

    Anyway, i guess i just wanted to see if anyone else had similar stories and it ended well for you or if you just dealt with it... Im not really sure what im going to do as of yet. i need my job, but i feel kinda of violated and feel like my rights have been taken from me because of the ignorance of others.. kinda sucks if there is nothing i can do about it.

    Many places now days are completely non-smoking and EVERYone who smokes/vapes, has to go outside on breaks.



    Atleast maybe just be glad you don't have to go freeze your * off outside. .Couldn't you just use your e-cig in the restroom on your breaks? .


    Besides, what if others do start vaping, and complaining that they don't want to be in the break room around cigarette smoke either, and it becomes an even bigger issue? .I'm afraid your boss may just may decide to settle the whole thing by making it the same for everyone and make it non-smoking shop, that way, no one gets singled out or treated different, .and to prevent possible further issues with it down the road, and just request that everyone goes outside from now on, to do their thing.


    I've heard a few stories where people pushed the issue and lost their jobs or ended up quitting and went to work some place else. When it comes right down to it, they're just gonna look at it, like you're asking for special treatment and "to them" from their position, that could possibly cause issues with other employees, who maybe aren't quite as understanding about it as you are or someone else might be..


    I'm sure you're your boss, your HR or whoever it is, bases all requests on the idea that "if I make allowances for one, in order to be fair to everyone, I have to do it for all". .Maybe he fears more of his employers switching to vaping and is afraid it will create problems between 2 groups, and then he'll have more ppl coming to him complaining about it, so maybe he figures it's best not let it get started at all, by telling you, generally speaking, that your e-cig will be treated no different in his shop than others preference for analogs.


    As more and more people in the world stop smoking cigarettes and start vaping, employers aren't going assign 2 separate rooms special, just to separate smokers from vapers to protect employee's rights to smoke or not to smoke, to vape or not to vape, so that nobody feels violated, or jealous, lol. .


    I'm sure he's not just singling you out, he's setting the rule so it will apply to everyone, just in case others decide to join you, you know, and stop smoking analogs, and start using e-cigs too


    peace....
    Last edited by MickiO; 02-24-2010 at 04:27 PM.

  10. #30
    Ultra Member Verified Member
    ECF Veteran
    Supporting Member
    SuZamme's Avatar
    Join Date
    Oct 2009
    Location
    Nashville, Indiana USA
    Posts
    1,384

    Default

    Whew! I thought I had a challenge when my partner tried to make me not vape in the house. You might profit from taking a look at this thread as there are some great insights into the alternative "reasons" your vaping inside your work building is not OK right now with the powers that be.
    http://www.e-cigarette-forum.com/for...-do-house.html

    These comments from ECFers certainly helped me put my surprise, anger, frustration, etc. into a different perspective...and this is about YOU, not the company you work for.

    It really #^*%# that this issue at work has come up. You have taken care of yourself by vaping instead of analogues and this should be encouraged and supported by the company that pays a part of your health insurance premiums. You go to work, do your job, are dependable, choose to be healthier, and this is the thanks you get...right?

    I do agree that in the big scheme of things, educating your employers and setting a good example for other employees, is one thing...loosing your job over it is another.

    Have you let go of your anger at the idiot tattletale that ran and told on you to management?

    I appreciate you and acknowledge you for standing up for your/our right to vape among other non-smokers.

    Vape On!!!!
    251cwspears likes this.



    "Portraits of yourself are how you are seen by others. Let go of any judgments you may have of how you appear to yourself." http://www.NashvilleImage.com

Page 3 of 7 FirstFirst 1234567 LastLast

Tags for this Thread

Bookmarks