Fired for ecig use

[Red Dog]

I'm not sure if this is the right section for this, but I figure it's as good as any.
I rececently started a new job, about 2.5 weeks ago. Yesterday I was called into the operations director's office, and told that they've decided to terminate my employment. No discussion, no questions, just here's your last paycheck... when I asked for an explanation, I was told that they just didn't feel I was a good fit. When I asked for clarification, they said they'd received several complaints regarding my "ridiculous electric cigarette ". Which I had only been using in the same areas in which other people had been smoking analogs. They were uninterested in any comment or explanation, they had already made their decision without speaking to me on the subject at all. There were no company policies regarding ecigs, and I was following all policies regarding smoking.

Has anyone else faced such obvious discrimination in a work place? Do I have any legal recourse in this situation?

 

[Eddie.Willers]

Tricky situation - I would presume that there is a termination clause in the employment contract that allows for immediate termination for any reason, without legal recourse, within the first 30 days of employment. After that, a probationary period when you could be terminated but only for performance related issues.

My 2c worth, but I think you're SOL brother

 

[sfkid]

Smells like discrimination to me.

I think you could have legal recourse but at best if you can somehow prove that the reason they fired you was for e-cig use.

If you decide to go after them it will be your word against theirs.

Check your state employment laws and if they are favorable towards employees or employers. I am sure that the state has some hotline you can call to get some clarification about the matter to see if you can pursue this matter legally.

 

[Tendril]

I'm sorry to hear that, Red Dog. It looks like you did what you could, only vaping in smoking areas

 

[Uncle Willie]

You always used the e-cig in the designated smoking area .. ?? If so, did they also fire the analog smokers .. ??

 

[Phroge]

Would they fire you for "ridiculous drinking of water" when others are drinking soda?
Or maybe "ridiculous bicycle riding" instead driving a car?

I can see a lawsuit in this "ridiculous electric cigarette" as a reason for termination. The problem is that it would have to be handled by a very good lawyer due to the fact it has the potential to become a landmark case. I don't see where there would be a lot of money to be made from the case, probably just reinstatement with back pay, but there would be a great big "So There Too!" on behalf of all the electronic cigarette users.

 

[MagnusEunson]

Scroll down to the Workplace section of Massachusetts Law About Smoking ..

I'm not horribly optimistic because one of the links leads to "Massachusetts does not have a law protecting smokers from discrimination, nor does it have a law protecting employees from discipline or discharge based on their off-duty conduct generally." ..

I wish you luck, -Magnus

 

[Red Dog]

The really interesting part is that two of the other paramedics there who were analog smokers, and one who had quit smoking two years ago, were asking a lot of questions and were planning on ordering ecigs too. The one who had quit was especially interested when he found out you could get 0 nic juice.

Unfortunately Massachusetts in general is really big on "Employment at will". My last job I was lucky enough to be in a union (Teamsters local 42), but sadly they went out of business. Not a whole lot of union EMS jobs in Massachusetts unfortunately.

Guess it's time to go stand on the corner with a cardboard sign saying "Will save lives for food"...

 

[candy_93454]

wow red im quite shocked and appalled you would think that they would pat ya on the back and say good job some times ignorance is bliss in other cases it just plain stupidity. I wish ya luck on your new endeavors. sounds like any other company would be lucky to have ya

 

[kristin]

Most ridiculous thing I've ever heard. It doesn't even make sense because smoking is allowed?? I could see if smoking was banned, but this just sounds like they were making things up. It can't possibly be the real reason!

I don't think I'd be able to leave it at that. I would probably call the person who hired me in the first place and get clarification as to why using a smokeless e-cigarette in the smoking area is considered worse than actually SMOKING and would they fire someone who was using the patch or gum or chewing on a pretzel to quit smoking, too? I'd ask him/her to be straight with me because the e-cigarette excuse just doesn't make any sense - to fire someone who is doing something to reduce their health risks, no matter how "silly" people think it looks. Especially when the only people who see you are smokers!

 

[zoiDman]

I seems very unusual that you would be terminated if you only used an e-Cigarette on designated breaks in a designated Smoking area.

Are you sure there was no Other reason for your termination besides something e-Cigarette related?

 

[Fenix-T]

OP, were you only using your ecig in the designated smoking area? Or where you openly vaping where smoking wouldn't usually be allowed?

I vape at work in some places that I would never smoke, but do it real low key, mostly in the shadows.

 

[SimpleSins]

Is Massachusetts an 'at will' state? If so, they can get rid of you if they don't like the color of your socks. And if you've only been there 2-1/2 weeks, it may not be that cut and dry since usually they don't even need to make up a sock reason for not keeping you. Hopefully your next employer will be a little less short-sighted.

 

[juicejunky]

Not that it matters in principle, but curious what type of PV were you using?

Sorry about your job loss, seems so unfair. I hope you find another one soon.

 

[Red Dog]

I seems very unusual that you would be terminated if you only used an e-Cigarette on designated breaks in a designated Smoking area.

Are you sure there was no Other reason for your termination besides something e-Cigarette related?

That was the reason I was given. I suspect it may be related to the fact that their newest 911 contract did not require anywhere near the level of resources which they had initially believed it would, and they were attempting to find reasons to terminate new hires. Dedicating 5 ambulances to a town which only receives 5 or 6 EMS calls a day is not financially viable in my opinion. But what do I know... I worked the street for 17 years, not the billing office.

 

[Red Dog]

Is Massachusetts an 'at will' state? If so, they can get rid of you if they don't like the color of your socks. And if you've only been there 2-1/2 weeks, it may not be that cut and dry since usually they don't even need to make up a sock reason for not keeping you. Hopefully your next employer will be a little less short-sighted.

Yes, it is an "employment at will" state. Which is why I miss my last job so much, we were union (Teamsters local 42).

 

[Red Dog]

Not that it matters in principle, but curious what type of PV were you using?

Sorry about your job loss, seems so unfair. I hope you find another one soon.

P16 by Super T Manufacturing.

 

[dragonladee]

Man I can't believe that....Louisiana is a right to work state, too. Employers can pretty much throw whatever they want your way. If you don't like it, you have the "right to work" somewhere else lol. It's amazing to me that anyone can get away with stuff like this today. Sadly they probably didn't truly have a problem with your vaping, and the fact that they used it as an excuse speaks to the probability that they didn't have any real problem with you at all and were just reaching for a reason when you requested one repeatedly. Wishing you luck finding another position soon!

 

[zoiDman]

That was the reason I was given. I suspect it may be related to the fact that their newest 911 contract did not require anywhere near the level of resources which they had initially believed it would, and they were attempting to find reasons to terminate new hires. Dedicating 5 ambulances to a town which only receives 5 or 6 EMS calls a day is not financially viable in my opinion. But what do I know... I worked the street for 17 years, not the billing office.

Speaking as a former employer in a Work at Will state…

Sometimes we have done an “overload” hire meaning that we hired more employees that we knew we needed. We would then see which 2 of the 3 or 4 we wanted to keep.

I know I’ll get flamed for this but…

As someone who has hired many employees in a Work at Will state, unless you have something Outstanding to bring to the table, show no vices which might make a borderline decision not fall your way.

I know that many people here on the ECF will tell you about this or that. Things about your rights or about what is or isn’t fair. But the Cold Hard Fact of the Adult World is it isn't Fair and there are Plenty of people who Don’t smoke or use e-Cigarettes and Most employer’s will chose them over people who do.

Best of luck to you finding a new job. And when you do find, consider not whipping out your PV and bringing attention to yourself within the first 90 days on the job. Better to be judged solely on performance than for what you do on your break time.

 

[dee5]

Very good advice zoiDman!