Can't get a job if you are a smoker!!!

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dumwaldo

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Apr 6, 2009
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This has been discussed before and this kind of "discrimination" has indeed been challenged and smokers LOST in a Miami courtroom. Eliminating smokers from a specific workplace is legal. The county north of mine will not hire anyone for any position who has smoked or used nicotine in the past year. It shows up as cotinine in urine tests.

You have cotinine? You don't have a job. Since it's a test for nicotine, not tobacco, an e-smoker will be unemployable, as well as the pack-a-day Marlboro dude.
This is really disheartening and makes me VERY glad I am a member of a labor union that protects me from such reprehensible practices.

DW
 

LCoffin

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Feb 11, 2009
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Olive Branch, MS
The state of Tennessee is going to start charging smoking employees a $600 "surcharge" effective Jan. 2010 - they say it is to cover increased insurance premiums.

They plan on offering "help" for smokers to quit.

I guess I don't have enough posts to post a real link, but here is the url to the article in The Tennessean:

"tennessean.com/article/20090428/NEWS0201/904280352/1009/NEWS02"

I grew up in Memphis and know the local politics are a total joke, but jaded as I am by that, this was suprising even to me...
 

nicowolf

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Nov 9, 2008
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This is really disheartening and makes me VERY glad I am a member of a labor union that protects me from such reprehensible practices.

DW

I have been a part of a labor union, and honestly, they have to choose their battles so the cost of living raise is what they are going to fight for, not your right to nicotine consumption. The unions lose their power when their members stick their tail between their legs and cower at the thought of going on strike. I paid dues to a union that actually signed a contract saying they would not strike, nor employ work slow downs or work stoppages - not much bargaining power left there. Don't count your labor union until it has added your cause to their agenda because chances are, you don't matter any more to them than you do to your employer.
 

dumwaldo

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Apr 6, 2009
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My union will not even allow an employer to drug test us. The employer would need to provide a compelling reason and request that the union do it on their behalf.

Not all unions are equals. You are right that unions that can not strike or have slow downs are without teeth. My union is not one of those.

I feel very fortunate to be a member of a labor union that still has some traces of strength.


Come on Obama, sign that Employee Free Choice Act already. America needs it.

DW
 

NicoNut

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Jan 5, 2009
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I have been a part of a labor union, and honestly, they have to choose their battles so the cost of living raise is what they are going to fight for, not your right to nicotine consumption. The unions lose their power when their members stick their tail between their legs and cower at the thought of going on strike. I paid dues to a union that actually signed a contract saying they would not strike, nor employ work slow downs or work stoppages - not much bargaining power left there. Don't count your labor union until it has added your cause to their agenda because chances are, you don't matter any more to them than you do to your employer.

Agreed and been there! The labor union I once paid dues to cared much more about the company we worked for than it's union members. What a joke! :rolleyes:

This is all very disturbing to hear about these companies and nicotene!
 

davidb

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This has been going on, I think it also happened at Scott(the TP company), someone failed a drug test, for nicotine, given 30 days to quit or be fired. Its BS. But companies wanting to lower health insurance are doing it.

On a side note, there was a state that fined state employees(maybe it was a city/county I forget), they had to pay 25 a month or so if they smoked to cover the costs. It was allowed. They tried to then fine overweight people. Everyone went ape****. I think it was Arkansas or Alabama, Ill try and find the article.
 

LaceyUnderall

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Dec 4, 2008
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Some very good points have been raised here, specifically what about the folks who are using FDA approved nicotine delivery systems?

I think the next question to ask would be why they deem nicotine to be such a harmful substance and then the next question would be if they are testing for caffeine too as caffeine does have similar affects on the human body AND is a health risk itself as it allows the user to intake empty calories with the possible outcome being malnutrition and/or obesity based on the user.

Florida may be a "right to work" state, but this is definitely discrimination.

Next years application to read: Do you have sex? If so, do you have it with a porcupine? Top Ten WTF? US Sex Laws - Top 10s
 

LaceyUnderall

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Bummer Lacy. Is it possible to do the job as a contractor? Side stepping the whole nicotine issue because you'd then be responsible for your own insurance?

You could. However, I will tell you as someone who has their own insurance, it sucks. And for females who may find themselves pregnant, there are very few private insurance policies you can get that cover pregnancy unless you are willing to pay outrageous fees AND commit to not conceiving within a certain time frame. (I won't even get into what I really think about it!)

Also, as a contractor, you are responsible for ALL of your taxes. Granted in Florida you don't pay state employment taxes (i think) but you are responsible for them all (instead of your employer paying a portion). If you aren't prepared, that full percentage the government wants from you can be a bit shocking the first time around. (and hard to swallow each time following).
 

CharlesMaples

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May 11, 2009
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Tampa Fl
Also, as a contractor, you are responsible for ALL of your taxes. Granted in Florida you don't pay state employment taxes (i think) but you are responsible for them all (instead of your employer paying a portion). If you aren't prepared, that full percentage the government wants from you can be a bit shocking the first time around. (and hard to swallow each time following).

A 1099 contractor in fl only has fed tax to pay The only additional amount is the FICA Emplyer contribution which is then a deduction
 

LaceyUnderall

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Dec 4, 2008
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A 1099 contractor in fl only has fed tax to pay The only additional amount is the FICA Emplyer contribution which is then a deduction

Good to note.

On another note... about being a contractor with drug testing... I do know that when I worked for a company in Orlando, we built custom fixtures for different businesses and in order to get our installers onto certain amusement park grounds, the park wanted drug testing done on all of our independent contractors (installers) for liability purposes. So just being a contractor does not mean that in order to get a certain job, you won't be held to certain specifications. (They were not testing for nicotine, but for illegal drug use.)
 

Nulli

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Apr 11, 2009
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If the job is one you really want or need the best thing to do is to use a non-smokers urine for the drug test. I've helped two friends do this for 'other' reasons than smoking but it isn't hard to do. The most you have to loose is a job you wouldn't get in the first place using your own nicotine saturated urine. Most drug testing facilities do not watch you fill the cup, they only test the temperature immediately after you give your sample. All you have to do is keep the bottle of good urine at body temperature before pouring it in to their sample cup.

I'm not sure if the above is legal or not.
All I know is that this is my body and no one tells me what I can or cannot do to it (unless you're a doctor telling me I have to quit smoking).

Nulli
 

CharlesMaples

Full Member
May 11, 2009
48
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Tampa Fl
If the job is one you really want or need the best thing to do is to use a non-smokers urine for the drug test. I've helped two friends do this for 'other' reasons than smoking but it isn't hard to do. The most you have to loose is a job you wouldn't get in the first place using your own nicotine saturated urine. Most drug testing facilities do not watch you fill the cup, they only test the temperature immediately after you give your sample. All you have to do is keep the bottle of good urine at body temperature before pouring it in to their sample cup.

I'm not sure if the above is legal or not.
All I know is that this is my body and no one tells me what I can or cannot do to it (unless you're a doctor telling me I have to quit smoking).

Nulli

The only problem with getting fired is it can effect your ability to get future enployment. There are conpanies that specialize in doing pre employemt screening
 

calligal

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Mar 1, 2009
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Years ago I went on a temp job at some cookie place for data entry. They had a no smoking on the premises policy. So on my break I left the site and had a ciggie. When I returned I was told I was not allowed to do that. I am no rebel but in that case I grabbed a cookie or two and walked out on the job.

Not sure if I would want to work somewhere that would force me to take a cleanse and lie on my application especially if they are anti smoking. Something tells me they would not be vapor friendly either.
But, there is always Pass Nicotine Drug Test - Insurance Blood Drug Testing
 
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