I agree with everyone above. Get an attorney BEFORE contacting corporate. Let the attorney release hounds.
fired for vaping??
- Thread starter kookacola
- Start date
- th_trl_thread_readers 0
- Status
Please update the progress of this. I am, as I'm sure others are, very interested to see this play out.
Agreed, NC is an "at will" state. You can be let go for no reason whatsoever. But here, a reason was given... justifiable or not, it was the reason for termination, which can be discriminatory. A good attorney will find the terms for the lawsuit, regardless.
To the OP, in what State were you employed? Several States have an At will employment policy. Unfortunately, if this is the case in your State, there may not be much you can do as the employer can break the employment relationship with no liabilty unless there was an existing contract or you are a member of a union. There are also several other specific exceptions to this policy(in certain States)so, I would still contact an attorney.
Lol, beat me to it! And I also agree with another comment made. Blindside them! No warning, no chance to get their ducks in a row. Hit 'em hard and fast, they will most likely settle than go through the public ridicule.
Keep in mind, I am the type that would of vaped in the CEO's office while he was firing me too! I have rights, I will exercise them when they are threatened.
Even when you are vindicated, I wouldn't want to work there after you get done wiping the floor with them. You would have a big target on your back.
I wish you the best of luck. Keep us posted.
NCC
I wish you the best of luck. Keep us posted.
NCC
leting all aside. You may not want to go back to this job even if you win! Only you know what all the circiumstances were which may have led to this, and if the boss was a real ... about this ,you should seek legal coucil. They can lead you in the right direction.
Yes, I believe that very well can change the game
BEFORE IS KEY, but you may still want to file for unemployment the sooner you file the sooner you get the money.If this takes a long time you may need the unemployment,you should talk to a lawyer and follow his direction if it is a strong case, you should be able to go probono/no money paid,all taken after settlement.Otherwise "buyer beware"
It doesn't, the "at will" doctrine simply means the employer & the employee cannot be held liable for ending the employment relationship, regardless of the reason. However, besides the contract and union thing, there are several State specific exceptions, which is why legal counsel should be sought.
More can be read about At will employment here:
At-will employment - Wikipedia, the free encyclopedia
Before I go on to play devil's advocate here (and I kow I'm not going to be popular for this post
), I just want to say that I think that your employer has behaved appallingly here, but: vapers can't have it both ways.In the US, you appear to only have 2 choices: either PVs are classed as tobacco products or they are classed as drug/drug delivery devices and subject to FDA application and medical trials. Most vapers appear to be fighting tooth and nail to keep them out of the drug/drug delivery device category since this categorisation would mean that the PV would be pulled from the market during application & trials. (Indeed, the SE/Njoy case is still on-going regarding this.)
Now this happens and everyone is trying to put them into that classification!
Now, we all know that the reality is that PVs do not comfortably fit into either category, but because of their recreational use, they seem to sit more comfortably with tobacco rather than medical products.
Just be careful what you wish for in this particular case!
For the OP: Yes, get some good professional advice, but the first thing I would do is check the ACTUAL WORDING of your company's 'no tobacco' policy. Does it say 'no smoking', or 'no tobacco' or 'no nicotne' use, for example. Any professional you go and see will need to see this in any event, so check it our carefully.
Good Luck!
Sorry to hear of your problems, and the fact that your employer treats its employees like cattle.
That said....
Being a small business owner myself, I must point out that employers do have rights as well. No one has a constitutional right to work for my company.
All employee are "at will" contracts in most cases. You can quit at anytime with no cause likewise you can be fired for no cause. There are exceptions to this of course. (race, sexual harassment, etc.)
A disagreement over policy doesn't void the at-will contract unless the policy is illegal. Unreasonable doesn't count as illegal.
Now if you're in a union or have a contract in place that may be another matter all together.
Anyway, I'm sorry you got fired. I'd skip the lawyer and try writing a letter to HR.
Thank you for your post. Hopefully the rest of us can avoid the same situation.
-Gooney0
That said....
Being a small business owner myself, I must point out that employers do have rights as well. No one has a constitutional right to work for my company.
All employee are "at will" contracts in most cases. You can quit at anytime with no cause likewise you can be fired for no cause. There are exceptions to this of course. (race, sexual harassment, etc.)
A disagreement over policy doesn't void the at-will contract unless the policy is illegal. Unreasonable doesn't count as illegal.
Now if you're in a union or have a contract in place that may be another matter all together.
Anyway, I'm sorry you got fired. I'd skip the lawyer and try writing a letter to HR.
Thank you for your post. Hopefully the rest of us can avoid the same situation.
-Gooney0
At will maybe one thing but violations of the state laws and company policy is something different.
So sorry for you- hope getting an attorney and looking into even having your doctor (if they understand the e-cig) write a note stating the device is for nicotine consumption/ habitual satisfaction and thus should be allowed to be used at work... I would have probably given my boss a heads up on the feelings in the work place though- depends on what and where you work... I am in NC- what company are you with?
Well to those who were asking, I live and work in SE Texas. still not 100% if we're "at will" here or not, but i want to say that we are. There may be nothing I can do about it. but the purpose of the post was mainly as a "heads up". Talk to your employer first about how they feel about vaping at work. Please don't make this mistake.8-o
Contrary to popular belief that "at will" law is not omnipotent. It isn't a we can do whatever we want card by any means. Contact a labor lawyer if they won't help contact a civil rights lawyer.
Sorry that happened to you - people are so closed minded - I hope you can work something out.
First day I went to work with my e-cig, I showed it to my boss. I told him, "now I'm not smoking in your building" and proceeded to vape. I vape at my desk and haven't heard anything about it. This is in a health care facility that doesn't allow smoking indoors. I guess I'm lucky that the administrator has an open mind, that and I believe the e-cig is getting a lot of support from the medical community.
Yes let this be a warning! please clear it with your employers before vaping freely as if thinking too yourself "Oh this is legal! har har!". That goes without saying in any public place! I always ask and demonstrate what I'm doing. Some people allow me to vape in their establishments, some don't, and I respect the people that do not allow it just as much as the ones that do.
Ask First!
Ask First!
I am very lucky as my boss loves my vaping. I don't have to take smoke breaks anymore. I am more productive at work. He will come in my office and say "Pull that thing out and let me see it again". lol Hubby is also vaping at work. He just goes in a back room. His boss has also purchesed a e-cig.
- Status
Similar threads
- Locked
