Fired for Vaping

[expunged]

Today my employment was terminated at xxxxxxx for vaping. In the employer manual there is strict no smoking policy within the confines of the building or 50 feet around it, but as we all know vaping isn't smoking. I had just recently purchased an electronic cigarette, and figured that since it wasn't smoking that I could use it. I take it out of my pocket and take two puffs, holding it in so that no vapor comes out when I breathe. One of my employees ask what it is and I strike up a conversation about vaping and then I told her if it made her uncomfortable then I would stop. She said that it seemed like more of a break time activity, so I put it away. Next thing I see is 4 women huddled up together talking and occasionally glancing over at me, then one walks out of the office. 10 minutes later I'm called into a room with the xxxxx. Immediately he tells me that he cannot believe I broke so many rules and that at this office his workers represent him, I responded that I hadn't and didn't know what I was called in for. "The E Cigarette" he responded, I then said it isn't smoking and it isn't Tobacco. "Doesn't matter, you offended someone. You're done, give me your badge." I handed over my badge and apologized if I offended anyone and that I didn't think I was breaking any rules. He then tells me that it won't be documented. I then go back to my desk, get my stuff, and tell the perplexed audience good bye.

Now xxxxxx is an at-will work state, but he has made it seem like you will not be fired for something unless it is wrong and breaks a rule in the employer manual. I'm still in shock about today, I have only worked there for a year but have never even had a warning.








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Admin note

Some personal details have been removed at the Member's request.
This is to prevent issues with new employment.
We apologise for editing this and subsequent posts to protect him.

 

[Zwilks14]

Were you vaping inside the building?

 

[expunged]

Yes, I was.

 

[happydave]

yeah man that sucks my employer had a bunch of questions about it and said i could do it outside of the building but i didn't need to be 25 feet from any door or window. it was fine as long i was outside. i asked before i got the job about the smoking policy and asked if they had any policy about e-cigs.. they fired you for getting buzzed at your desk.. plain and simple. some people are very anti-drug and make it a point to screw with people who use any sort of drugs.

 

[CryptMan]

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

 

[happydave]

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

"at will state" means they can fire you at any time for any or no reason.... as long as it doesn't look like any sort of discrimination based on age, gender or race.... for example they could fire you because you do not speak English well enough. but could NOT fire you for being Hispanic

he vaped at his desk on company time... if i was his boss i would be pretty ...... off as well..

 

[WarHawk-AVG]

employer manual...you were warned..sux

 

[Shilo]

Sorry to hear that. I would go get unemployment benefits if it is not listed anywhere in the employee handbook/manual as an offense (fire-worthy or not) until you can get another job. If it was not documented it seems like it probably is a gray area.

I personally would not vape anywhere I could not smoke in my non smoking city which mainly leaves the great outdoors. There is always someone offended or not knowledgable everywhere you will go or work. This sounds quite harsh that they canned you for one offense.

 

[expunged]

It does suck. I took it like a man, but I just needed to vent about it.

 

[permafrying]

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

He really doesn't have any with the whole at will thing. It means the can fire you for any reason at any time within legal limits of course. Seems ridiculously drastic and it deffinetally sucks I'm sorry man. I'm not that surprised considering the job though honestly the courts will screw you over wether you work for em or not . It's what they do.

Sent from my DROID RAZR HD using Tapatalk 2

 

[Train2]

that is crazy - since you weren't even really arguing that you should be allowed to...just that you thought it was OK.
If you really immediately stopped upon being questioned once, I would think they'd just warn you, "no you can't" and that would be that.
If otherwise a good job, I'd maybe try to make certain the boss knows what really happened from your perspective.

 

[expunged]

Thank you all for being so nice about it.

 

[cmknight]

I would be going over the employee manual with a fine-toothed comb regarding termination reasons. Are they required to give you any kind of notice or warning? Do you have employment standards branches that you can utilize for redress? Employee rights organizations? Have you done anything that your boss would look for any excuse to terminate you?

As far as I know you can't be fired for just "offending someone". If that were so, nobody would be holding jobs for longer than a week.

 

[expunged]

that is crazy - since you weren't even really arguing that you should be allowed to...just that you thought it was OK.
If you really immediately stopped upon being questioned once, I would think they'd just warn you, "no you can't" and that would be that.
If otherwise a good job, I'd maybe try to make certain the boss knows what really happened from your perspective.

I think I may have missed my chance for that. I'm ready to just move on. My main concern is what will happen if a future potential employer calls them. Usually they respond with the dates I worked at the xxxxxx and notifying them that my personnel file is available for review.

 

[Punkonjunk]

I'm really sorry to hear that.

On the one hand, I'm really big on "do until told not to" and the whole it's easier to apologize than ask permission. On the other hand, it sounds like you worked for the xxxxx, which I imagine might be quick to be jerks about stuff. They probably didn't have any right to fire you, and you can probably get unemployment, but a lawsuit seems unlikely because the second a judge hears about it, he's probably going to say "gee sure looks like smoking and could possibly be offensive like a cigarette which is illegal in the workplace like everywhere, and also it's nicotine, so uh"

It still totally sucks, and seems like an overreaction, but vaping indoors in a city building seems like a pretty bad idea.

 

[Bootlegger66]

Were you fired for Vaping or Offending someone? It just sounds like it was an extreme measure to fire you for either. A warning would normally suffice for a first offense for either. A hey don't do that in the building or apologize to the offended party kind of thing.

 

[Mrs C]

Is you former employer in Marion co Fl?

 

[Jonathan Tittle]

Legally, last I recall, when a potential employers calls to verify your employment history, all they're supposed to get is the date you were hired, the date you were fired / the date you quit, position(s) held and if you're eligible for rehire. The eligible for rehire is the key question and that's when, during your interview, you get to tell them yourself.

Unless Government offices work a different way.

 

[Mrs C]

I ask because if I'm not mistaken last month the county passed an ordinance banning e cig use anywhere smoking is prohibited.

 

[expunged]

Were you fired for Vaping or Offending someone? It just sounds like it was an extreme measure to fire you for either. A warning would normally suffice for a first offense for either. A hey don't do that in the building or apologize to the offended party kind of thing.

Not sure now that I look at it, he said both. Is it possible to offend someone with vaping?