I probably would not puff on my ecig while fueling up my car.
But that's just me.
But that's just me.
I was was Fired for Smoking my Ecig!!
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Most all employers are "At Will" employers, meaning they can fire you for any reason.
You only have a case if they discriminated against you (sex, age, religion etc)
PV smoking will not fall under the umbrella of discrimination.
You may end up spending a ton of money on attorneys only to find there is little they can do for you and some are more then willing to exploit the anger you have against your former employer and willingly take your money.
You only have a case if they discriminated against you (sex, age, religion etc)
PV smoking will not fall under the umbrella of discrimination.
You may end up spending a ton of money on attorneys only to find there is little they can do for you and some are more then willing to exploit the anger you have against your former employer and willingly take your money.
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I'm absolutely floored that the other extremely bright, talented, and well informed members of this board are focusing on the e-cigarette portion of this. The way I see it, there's more to it. In the polygraph transcript, there are a few oddities that I notice on a cursory reading. First is all that business about the union.
Well, I'm not a merchant marine, but it seems strange to me that the whole business about the union is coming up in the first place, when the alleged offense has nothing to do with the union. Secondly, he's asking if you've reported illegal orders to the union. He's also asking if you like your captain? What the hell?
Maybe I'm out of line by saying this, but it seems to me like this is a clear case of looking for a pretense. I've had employers do stuff like that to me. Usually because I'm outspoken, and I have this bad habit of arguing with my managers [edit when they're wrong or asking me to do something improper, or detrimental to the company]. I lucked out this last time, and got a job where they respect my experience and character, but I can't tell you how many times I've been let go for not towing my supervisors agenda without question.
Is it at all possible that this whole business is a set up? Could there have been a past disagreement with the management that put you on their hitlist?
It sounds like there's some grounds for that, and that they've basically said something to that affect by necessitating unrelated and superfluous questions that would lead you to incriminate yourself. Not so much for the offense they're alleging, but for the offensive of being a rebel rouser.
If you can prove something like that... rather than dwelling on the e-cigarette thing; what recourse, if any would you have?
Well, I'm not a merchant marine, but it seems strange to me that the whole business about the union is coming up in the first place, when the alleged offense has nothing to do with the union. Secondly, he's asking if you've reported illegal orders to the union. He's also asking if you like your captain? What the hell?
Maybe I'm out of line by saying this, but it seems to me like this is a clear case of looking for a pretense. I've had employers do stuff like that to me. Usually because I'm outspoken, and I have this bad habit of arguing with my managers [edit when they're wrong or asking me to do something improper, or detrimental to the company]. I lucked out this last time, and got a job where they respect my experience and character, but I can't tell you how many times I've been let go for not towing my supervisors agenda without question.
Is it at all possible that this whole business is a set up? Could there have been a past disagreement with the management that put you on their hitlist?
It sounds like there's some grounds for that, and that they've basically said something to that affect by necessitating unrelated and superfluous questions that would lead you to incriminate yourself. Not so much for the offense they're alleging, but for the offensive of being a rebel rouser.
If you can prove something like that... rather than dwelling on the e-cigarette thing; what recourse, if any would you have?
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Mosh, the PV-part is all I can reasonably comment upon, and I think that may be the case for quite a few people here. Not to mention that this is what the OP asked about. He has probably already figured out that this case is fairly obviously not only about the PV.
Thanks Mosh and Alex,
because I belong to a Union I also have responsibility to representing the members oboard. You are right to assume that there are other issues invloved here. I am the head of the Steward department. I have a Chief Cook and Assit Cook work for me. I answer only to the Master (Captain) but I also answer to the union. Even the Master is a union member but often Captains forget this fact. This tug a war has been going on for years with Captain & Company verse the interests on the Union. As for my case it most go through a Union & Company Grievence Process. If I jumped to a lawyer the company would say hey there is a union grievence process and this person elects not to go through it first so we move that the plaintiffs case be dismissed..
Okay here is the update: There was a very important fact right in front of everyone and it occured to no one. What was this Bosun Gary doing cleaning brushes with paint thinner inside the paint locker which is Coast Guard approved for storing sealed containers of paint and solvents only. Yes it is a ventilated space with an exterior fire control system. Directly behind this paint locker outside the passage in the open air is a bench for mixing paints and cleaning brushes and such. Yes this Captain & Gary where gunning for me. So in my termination Letter the Captain states: I had walked into this Paint Locker while this Gary wash cleaning brushes with a lit real cigarette.That there where heavy fumes. That the Guy warned me. Then physically removed me from the area like a hero. All of these allegations according to my polygraph are untrue. Then he concluded that this was a highly explosive situation. What happend was that I was in the common passage 9 feet away from this paint locker. And he engaged me in disagreement about something totally unrealated. Now they have a problem why was Gary cleaning brushes in a paint locker that is designated soley as a paint storage locker and not cleaning his brushes down the passage outside the house in the open air on a bench that is there for that reason? Why does the Captain thru his own admission in the termination condone such a hazardess practice inside a storage space located in side the ship with the door adjoining door open to a passage that is with in the living and working area of the ship?? I was ten feet away from this guy and his locker and I can't remember smelling any paint thinner fumes. I was asked by this jerk what I was holding and I showed him my E-Cig and took a solitary puff. So there you have it. Sometimes when people create a drama and embelish the fact they may have to answer to it. Oh last but not least The Captain through his own admission acknowledged acccording to Gary's admission that he had created an explosive atmosphere. The Question being asked now is why wasn't this guy fired as well if this was really the case.
because I belong to a Union I also have responsibility to representing the members oboard. You are right to assume that there are other issues invloved here. I am the head of the Steward department. I have a Chief Cook and Assit Cook work for me. I answer only to the Master (Captain) but I also answer to the union. Even the Master is a union member but often Captains forget this fact. This tug a war has been going on for years with Captain & Company verse the interests on the Union. As for my case it most go through a Union & Company Grievence Process. If I jumped to a lawyer the company would say hey there is a union grievence process and this person elects not to go through it first so we move that the plaintiffs case be dismissed..
Okay here is the update: There was a very important fact right in front of everyone and it occured to no one. What was this Bosun Gary doing cleaning brushes with paint thinner inside the paint locker which is Coast Guard approved for storing sealed containers of paint and solvents only. Yes it is a ventilated space with an exterior fire control system. Directly behind this paint locker outside the passage in the open air is a bench for mixing paints and cleaning brushes and such. Yes this Captain & Gary where gunning for me. So in my termination Letter the Captain states: I had walked into this Paint Locker while this Gary wash cleaning brushes with a lit real cigarette.That there where heavy fumes. That the Guy warned me. Then physically removed me from the area like a hero. All of these allegations according to my polygraph are untrue. Then he concluded that this was a highly explosive situation. What happend was that I was in the common passage 9 feet away from this paint locker. And he engaged me in disagreement about something totally unrealated. Now they have a problem why was Gary cleaning brushes in a paint locker that is designated soley as a paint storage locker and not cleaning his brushes down the passage outside the house in the open air on a bench that is there for that reason? Why does the Captain thru his own admission in the termination condone such a hazardess practice inside a storage space located in side the ship with the door adjoining door open to a passage that is with in the living and working area of the ship?? I was ten feet away from this guy and his locker and I can't remember smelling any paint thinner fumes. I was asked by this jerk what I was holding and I showed him my E-Cig and took a solitary puff. So there you have it. Sometimes when people create a drama and embelish the fact they may have to answer to it. Oh last but not least The Captain through his own admission acknowledged acccording to Gary's admission that he had created an explosive atmosphere. The Question being asked now is why wasn't this guy fired as well if this was really the case.
If there is a hearing about your case, make sure that you are consistent in your answers because it is very easy for a lawyer to use the smallest and most trivial details and inconsistencies against you.
No, not fired for using your e-cig. Fired for regulation infringements, even though two wrongs don't make a right be careful how you proceed with this. There may be no other recourse for the Union to let the firing stand. Don't think it's a good idea to include in your defense anything that by divulging it sounds like you were acting in disregard to proper protocol. That would be deemed irresponsible, not a good personality trait to flaunt in front of a hearing board. The fact that a personal conflict may be involved should not come from your lips.
Something that occurs to me on thinking about it is the notion of the captiain and the sme themselves. Do they have a history of flagrant disregard for the rules? Has it been documented? Can you prove it? Are there others that have been let go without proper recourse? Have they been vindicated? I wonder how credible these two are. This doesn't strike me as the kind of behavior that pops up over night. Just a thought.
Just a note about your 91 degrees:
1. Stand in front of a mirror.
2. Put the LED end of your ecig in your mouth with the atomizer attached but not the cart.
3. Blow.... Watch the coil glow red hot.
4. Don't believe anything SE tells you.
5. Remember this when you are pumping gas.
I hope this all works out for you. Best of luck.
1. Stand in front of a mirror.
2. Put the LED end of your ecig in your mouth with the atomizer attached but not the cart.
3. Blow.... Watch the coil glow red hot.
4. Don't believe anything SE tells you.
5. Remember this when you are pumping gas.
I hope this all works out for you. Best of luck.
I just tested my 510. After 40 minutes of smoking on my third rate clone atomizer that I'm using, the temp on it is 121.5 degrees F. Almost, but not quite hot enough to ignite gasoline.
I have been wondering about fueling and vaping , to be on the safe side i would not do it . i used to paint metal with some highly flammable thinners in the mix . vapors from those thinners can creep when not in a highly ventilated area such as inside a ship . my paint shed was outside and no one was aloud within 50 feet of my shed while smoking , which sucked because i was a smoker at that time . i have always been told not to even use a cell phone due to spark around gas pumps , so in that matter would an e-cig give off more spark than a cell phone? i would think so , cell phones obviously do not get hot enough to cause a vapor. i think this dude messed up and does not have a case . even though these gadgets are safer than real cigs we probably should treat them as they were real cigs just to not get too much flak from it . people are still ignorant to e-cigs and just do not understand yet . these things are new and we really do not need negative publicity since we are seemingly fighting for our rights to use them as far as the fda is concerned .
The reason you are told not to use cell phones while fueling isn't due to the spark. it is due to the static electricity buildup that can occur while using one. It's the same reason it is suggested that you do not sit in your car while you pump gas. When you touch the pump handle again there is the possibility of creating a spark from the static electricity buildup
I think some of the vendors are slightly to blame here with their claims of use it anywhere even where you can't legal smoke. This gives people the "idea" they have the right to vape where ever and whenever they want. Legally this may be true in public areas but probably not the best thing to do while we try and gain public support for PV's...
Anyways..back to the topic.
Only one thing I am a little unclear on.. You stated this guy asked what you had in your hand, why didn't you just show him what it was. Why the need to take a drag off it, unless he asked you to show him how it works, which you haven't said he did.
Another question would you be allowed to light a cigarette where you were standing?
Anyways..back to the topic.
Only one thing I am a little unclear on.. You stated this guy asked what you had in your hand, why didn't you just show him what it was. Why the need to take a drag off it, unless he asked you to show him how it works, which you haven't said he did.
Another question would you be allowed to light a cigarette where you were standing?
Who was talking about PG? We are talking about volatiles not PG.
" Paint Thinner (mineral spirits), Paint thinner or mineral spirits is a complex petroleum distillate; flash point range is listed as 104 degrees F (40 degrees C) - 110 degrees F (43 degrees C)
Fire and Arson Accelerants
Sorry to derail your thread.
OK. You are agreeing with me. Doh! Read reason for editing.
" Paint Thinner (mineral spirits), Paint thinner or mineral spirits is a complex petroleum distillate; flash point range is listed as 104 degrees F (40 degrees C) - 110 degrees F (43 degrees C)
Fire and Arson Accelerants
Sorry to derail your thread.
OK. You are agreeing with me. Doh! Read reason for editing.
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What does 40 minutes have to do with this?
Are you saying a RED HOT atomizer coil is 121.5 degrees? When they are used when dry, they become RED HOT.
It sounds like to me that 1- you have an a person who was looking to "get" you and an Capt that just needed an excuse to put an end to the issue via your e-smoke and 2-it was an unfair way for the Capt. to lazily resolve the problem and on top of it he has no interest in understanding what the e-cig entails, it's a shame. I would hire a lawyer, and begin gathering evidence, times, dates, peer-reviewed material, and if non is availble than the argument can not be made that it may cause problems on the ship. It is them that needs to prove your guilt or fault? In my lifes experience in court, one thing that is important is evidence. If there is a lack of evidence ( reports on the saftey of e-cigs or something like that) than they can not prove otherwise neither. I hope this helps, gather your info, keep in touch with your lawyer, and good luck and God bless. 
Drema
Drema
In Mid October I was on my Job. I am a Chief Steward in the US Merchant Marine doing the Tacoma Alaska run. I have had an ongoing dispute with another crew member. This person saw me holding my E cig outside my storeroom across the passage from his small paint locker. He told me what is that sow I puffed on it and explained what it was. Next thing I know he goes to the Captain and tells him I was smoking a lit cigarette new his paint locker which anyone knows can be extremely dangerous! Since then I took a polygraph and passed with flying colors. Now the company claims that okay we acknowledge he was a lier but you admitt your where smoking an E-cig and being an electronic device can cause paint vapor to explode. Everything I have read says NO. My manual says the only component that can cause a fire in the Lithium battery and you would have to expose it to considerable Heat. I talked to my supplier and he says NO that the atomizer is enclosed and dosn't get near hot enough to come close to doing anything and that there is this tiny bar that create magnetic field that activates the vapor cartrige. I need advice from an expert. Currently I am going through a grievence process and was told buy my supplier that there is lawyer on here that represents the E-Cig industry and has all the information. So far I have lost 48K in back pay and benefits. I just need to have the information from the right source to defend myself. I would think that if these company lawyers merely went to my manufacter website they could learn for themselves. Please Help me
What does being "red hot" actually have to do with anything? Just because it's red hot, does not necessarily mean that it's hot enough to ignite gasoline or fumes. Some materials at small densities can reach red hot far below what anyone would consider hazardous temperatures. It varies from material to material, and even among the same material in different densities. This is basic stuff. The term "red hot" means absolutely noting by itself unless you're talking about hot sauces.
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