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fired for vaping??

Discussion in 'New Members Forum' started by kookacola, Oct 20, 2009.

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  1. kookacola

    kookacola New Member

    Oct 20, 2009
    My boss saw me on a security camera vaping and fired me. The company has a no TOBACCO products policy. I tried explaining to him that I wasn't smoking, that it was only water vapor. I even showed him the e-cigs. he told me that corporate said it didn't matter.
    I think this is kind of ridiculous since I didn't even get a warning. especially since it was my first offense (of any kind) and other people make a habit of coming into work late every other day. Yet they chose to single me out for something that isn't even against policy??
    I am very frustrated and any advice other than don't vape at work (kinda figured that one out) would be appreciated.
  2. LuckySevens4U

    LuckySevens4U Ultra Member ECF Veteran

    Mar 8, 2009
  3. JustMeAgain

    JustMeAgain Ultra Member Verified Member ECF Veteran

    Apr 3, 2009
    Springfield, MO
    Wow, I'm really sorry to hear that. That seems pretty harsh since you've never had any problems before. We're you in a break area or something like that or was it at your desk or wherever you work? Not that it matters, but I'm just curious. I'm assuming you were inside, although the way some companies are doing things these days, who knows. I've heard of some who even prohibit tobacco use on your off time.

    Does your company have a human resources department or something that you could make an appeal to and maybe get reinstated? Other than going up the chain of command a bit further, I don't know what recourse you have. Maybe someone else in here will have some advice along those lines. I'm wondering if it was even legal; it's not technically a 'tobacco product' since that hasn't been determined yet.

    I guess the thing to have done is to try to explain what it is to your employer before using them, a good lesson for all of us, but it doesn't help you much.

    Again, I'm sorry that your boss reacted so strongly. I hope that you either get it worked out or find another job soon. Hang in there & good luck.
  4. Giantfan

    Giantfan Senior Member ECF Veteran

    Sep 30, 2009
    I would get an attorney also. An e cigarette is a non tobacco product and therefore does not fit into there rules.

    I would say the boss was looking for a reason to fire you, and used this as his reason.
  5. JustMeAgain

    JustMeAgain Ultra Member Verified Member ECF Veteran

    Apr 3, 2009
    Springfield, MO

    I think that's good advice.
  6. kristin

    kristin Vaping Master ECF Veteran

    Aug 16, 2009
    CASAA - Wisconsin
    If you want to fight it, write a letter to corporate and tell them the FDA has deemed these "drug delivery devices" and not a tobacco product. :rolleyes:

    A trucker in the UK got fired (and a ticket) for supposedly using an e-cig on the job. His e-cig vendor offered to help him fight it in court - maybe look into it.

    Either way, go above your boss' head - try HR and then start making phone calls. Make a point that you are getting fired for using a device that helped you quit smoking!
  7. NickWgnr

    NickWgnr Full Member

    Oct 20, 2009
    SoYoCO, PA
    Id talk to an attorney to see if that was at all legal for them to do (which Im guessing wasn't)... If the attorney says that you may have a case then go to your work and try to talk to them about it... If they don't want to hear it then tell them they can hear it from your attorney... Either they will give you your job back to save a lawsuit or go to court and get you paid, haha... I think the best course here, again, is to get an attorney if not atleast talk to one.

    Wagner :shock:
  8. SLDS181

    SLDS181 Ultra Member ECF Veteran

    Aug 11, 2009
    Western NJ
    Everyone has given great advice already, lawyer, your pv vendor, HR....

    He says corporate doesn't care... so ask corporate.

    As an aside, it isn't water vapor.
  9. ladyraj

    ladyraj Super Member ECF Veteran

    Apr 30, 2009
    Cincinnati, Ohio
    Kookacola, alot depends on your state and I recommend you contact your local labor board with this "no tobacco" policy via employee handbook in hand. You may be surprised how many rights you have and the fact remains that if e-cigs were not in the terminology included in developing policy, you may have a case.

    Be warned alot of these cases are viewed not as a violation of policy but engaging in a recreational activity while supposed to be working. Not fair I know! Sorry!
  10. Dredbull

    Dredbull Ultra Member ECF Veteran

    I would get a lawyer, Do the local labor board, wage and hour also if you were denied any time or kept track of the infractions.
    Get Dr. note stating due to the conditions of the work enviroment, he recomended you get a PV to assist in lowering the risk of lung and throat irritation.
  11. Winace

    Winace Senior Member ECF Veteran

    Oct 14, 2009
    Charlotte, NC
    Seek legal council definately. I doubt you will have a problem finding a "smoking" attorney (pun intended). As far as this being a recreational activity... well, the way I see it is if you were vaping while working you are more productive than standing outside smoking an analog. Many work places pass out candy and such as a reward, would eating it at your desk be viewed as a recreational activity? You have a case, and I'd fight it or die trying!
  12. abhowe

    abhowe Moved On

    Sep 14, 2009
    I would hire the best lawyer I could find and I would sue them...... I would not settle for less than 10 million...... No warnings, bogus charges, no tobaco, no fire, no smoke, firing unjustly gets money.......
  13. NickWgnr

    NickWgnr Full Member

    Oct 20, 2009
    SoYoCO, PA

    This made me chuckle :lol::lol::lol:
    (Not to say that you couldn't get 10m...)

    Wagner :shock:
  14. kookacola

    kookacola New Member

    Oct 20, 2009
    Thank you all for the advice. I think the most disturbing factor for me is that I was punished for doing something proactive to better my health. I will be consulting an attorney as well as my labor board to see what can be done. Thanks again.
  15. Backslash

    Backslash Senior Member ECF Veteran

    Sep 16, 2009
    Louisville, KY USA
    Lawyer up for sure. This is just the kind of thing that will bring a grin to any lawyers face.

    Also - if you have union representation involve them immediately. I'm sure you would have mentioned that if you did though...
  16. Snarkyone

    Snarkyone Super Member ECF Veteran

    Yep, it's all been said, get a lawyer and jam it in know.
  17. SudokuGal

    SudokuGal Ultra Member ECF Veteran

    Jul 15, 2009
    If you live in a state that has "work at will" policy, the employer doesn't need a reason to let someone go.
  18. Luma

    Luma Super Member ECF Veteran

    Lawyer tiiiiime!!! This will be fun.
  19. sherid

    sherid Ultra Member Verified Member ECF Veteran

    May 25, 2008
    They may not need a reason, but the employer gave a reason. Had he simply fired him "at will" then really nothing can work. However, the firing is now based upon a very specific reason, so I believe that changes the game.
  20. Valkerie

    Valkerie Senior Member Verified Member ECF Veteran

    Aug 4, 2009
    Lincoln Park, NJ
    At least a consultation with a lawyer won't cost you any money. Labor board is great idea.

    I worked for a multi-national that was constantly being sued by their ex employees. Good luck.
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