Got written up for vaping inside at work

Status
Not open for further replies.

ENAUD

Resting In Peace
ECF Veteran
Verified Member
Jul 23, 2013
9,810
64,140
Bordertown of ProVariland and REOville
It sounds like it was accepted for you to vape before the company changed hands, and now you got dinged by a manager saying it's not ok, with a write up. That kinda stinks.

If you never had an employee handbook before, could it possibly be that there never was one to begin with? Asking them for a written set of rules for employees that may or may not exist might not be in your best interests, they might just start to look upon you as a thorn in their side.

I've gone down that road years ago, and the management did in fact write up an employee handbook, and they laid down in it a pathway for them to document things that they forbid, and infractions which could be used to build their case to eliminate those who broke the rules. Everything contained in the handbook was to the benefit of the employer...just saying is all.
 

fifamymaingame

Super Member
ECF Veteran
Jun 8, 2017
837
765
37
Colorado
23px-Flag_of_Colorado.svg.png
ColoradoEdit

  • No statewide vaping ban. Instead, vaping is prohibited only on school property, due to lack of FDA approval for e-cigarettes as cessation devices. All other indoor places, including bars and restaurants, are exempt from the state's regulations. Localities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (16 total):
    • Arvada, banned in all enclosed workplaces, including bars and restaurants; exempts partial theatrical productions and specialty vaping stores[11]
    • Boulder, banned in all enclosed workplaces, including bars and restaurants[11]
    • Breckenridge, banned in bars and restaurants, but not other workplaces[11]
    • Brighton, banned in bars and restaurants, but not other workplaces[11]
    • Edgewater, banned in all enclosed workplaces, including bars and restaurants[11]
    • Evans, banned in bars and restaurants, but not other workplaces[11]
    • Fort Collins, banned in all enclosed workplaces, including bars and restaurants[11]
    • Frisco, banned in bars and restaurants, but not other workplaces[11]
    • Golden, banned in bars and restaurants, but not other workplaces[11]
    • Greeley, banned in bars and restaurants, any public access buildings including businesses, and within 50 feet of outdoor seating areas for events[11]
    • Greenwood Village, banned in bars and restaurants, but not other workplaces[11]
    • Lafayette, banned in bars and restaurants, but not other workplaces[11]
    • Lakewood, banned in all enclosed workplaces, including bars and restaurants[11]
    • Littleton, banned in bars and restaurants, but not other workplaces[11]
    • Louisville, banned in bars and restaurants, but not other workplaces[11]
    • Wheat Ridge, banned in bars and restaurants, but not other workplaces
  • That's what I went off me not knowing company policy and me knowing the vape laws not seeing my city with anything regarding it
Literally every place you can go vape your heart out unless there's a sign

Not disputing my new company's policy only that I was unaware or there stance gm dm don't know the law at all saying smoking is vaping but in truth they aren't not in colorado
 
  • Optimistic
Reactions: stols001

Opinionated

ECF Guru
ECF Veteran
Verified Member
Aug 19, 2015
11,168
59,365
55
My Mountain
23px-Flag_of_Colorado.svg.png
ColoradoEdit

  • No statewide vaping ban. Instead, vaping is prohibited only on school property, due to lack of FDA approval for e-cigarettes as cessation devices. All other indoor places, including bars and restaurants, are exempt from the state's regulations. Localities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (16 total):
    • Arvada, banned in all enclosed workplaces, including bars and restaurants; exempts partial theatrical productions and specialty vaping stores[11]
    • Boulder, banned in all enclosed workplaces, including bars and restaurants[11]
    • Breckenridge, banned in bars and restaurants, but not other workplaces[11]
    • Brighton, banned in bars and restaurants, but not other workplaces[11]
    • Edgewater, banned in all enclosed workplaces, including bars and restaurants[11]
    • Evans, banned in bars and restaurants, but not other workplaces[11]
    • Fort Collins, banned in all enclosed workplaces, including bars and restaurants[11]
    • Frisco, banned in bars and restaurants, but not other workplaces[11]
    • Golden, banned in bars and restaurants, but not other workplaces[11]
    • Greeley, banned in bars and restaurants, any public access buildings including businesses, and within 50 feet of outdoor seating areas for events[11]
    • Greenwood Village, banned in bars and restaurants, but not other workplaces[11]
    • Lafayette, banned in bars and restaurants, but not other workplaces[11]
    • Lakewood, banned in all enclosed workplaces, including bars and restaurants[11]
    • Littleton, banned in bars and restaurants, but not other workplaces[11]
    • Louisville, banned in bars and restaurants, but not other workplaces[11]
    • Wheat Ridge, banned in bars and restaurants, but not other workplaces
  • That's what I went off me not knowing company policy and me knowing the vape laws not seeing my city with anything regarding it
Literally every place you can go vape your heart out unless there's a sign

Not disputing my new company's policy only that I was unaware or there stance gm dm don't know the law at all saying smoking is vaping but in truth they aren't not in colorado

Again - state law has not one thing to do with the price of tea in China.

As for your employer - he has and in writing made you aware of company policy where regards employees vaping on the premise on the clock.

That's the purpose of a write up.. it's a warning that whatever you were written up for is not acceptable at your workplace.

If you want to keep your job, heed the warning and don't do it anymore.

This is the purpose of writing people up. It gives you a chance to comply with what management wants.

If you don't like it your free to quit.
 

Opinionated

ECF Guru
ECF Veteran
Verified Member
Aug 19, 2015
11,168
59,365
55
My Mountain
Actually I got written up and not shown any policy in place with cigs liquor and hazardous chrmcinsls it's mandatory for handbook because it covers everything specially clean up of hazard materials

The policy is now in writing in the form of your write up. Their intentions of not allowing vaping on site to continue could not be more clearly expressed.

They are under no obligation to do anything else. They just gave you in writing warning that vaping is not accepted during work hours there.

Heed that warning or dont. Up to you.
 

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,315
1
83,841
So-Cal
Sad thing is we sell solo mark tens smok coils vibes and ejuice

Yeah well a lot of places Sell Beer. But that doesn't mean you can knock back a couple of 40's while you are on the Clock.

Just One Question. Why Didn't You Just Ask if it was OK to Vape at Your Job?

Wouldn't None of this had happened if you had?

Right?
 

Beamslider

Vaping Master
ECF Veteran
Verified Member
May 29, 2017
3,895
11,502
San Francisco
It actually happened to me when I first started to Vape, no State nor company policy and my Boss just told me no so I stopped. No write up and was told no, company policy was changed later to state no Vaping.

Easy enough for them to cover with or without written policy. We don't know but as it is a new owner, there may be a policy out there anyway.

If they have a simple policy about professional appearance at all times when at work. Of one that states that it is the responsibility of an employee to maintain a comfortable working environment for customers and other workers. They can easily say that covers vaping inside the customer area or even work area if some other worker objects to it.

At any rate they should have just verbally warned him not to do it again and left it at that. Not that verbal warnings are actually just verbal in most companies. They are written up in many and the box verbal warning is checked. Still goes in the record
 

stols001

Moved On
ECF Veteran
May 30, 2017
29,338
108,118
@fifamymaingame , this is a bit starting to remind me of your other thread. Is reading comprehension an issue for you? I have sympathy (AGAIN) for your situation since you were not informed of the policy.

That is where it ends. I don't have sympathy for you trying to make it okay for you to vape, and being argumentative. Although it's probably best you do it here, not at work. EVERYONE has told you that employers can do what they want on their premises. If you want to take the matter to your Colorado statehouse and complain, you certainly can. I'm just afraid they may laugh at you.

There is nothing you can do than comply with policy and not seek "vengeance" "proof" "etc."
against your employer. At best, it will get you fired. AT WORST you may end up with a lawsuit FROM your work against you for defaming their place of business, plus a firing.

There is no "right" in this situation. Corporations and owners care ONLY about their employees to the point that it benefits them and they have to, by law. Either find a new job, suck it up (the warning) and stop vaping at work.

Have you considered some type of higher learning institution, then finding some sort of career? You can vape on SOME college campuses (outside) but they too have rules and policies. But, with an education you could find a better job and etc. Might be a nice thing....

BUT, no one is going to rescind their statements, and really, people are looking out for you.

Anna
 

score69

Ultra Member
ECF Veteran
Feb 28, 2015
1,117
2,747
Athens, GA, USA
My God, I can't believe this is still going on. LOL

As far as the talk about 'no laws against it go'.... Just because something isn't illegal doesn't mean it's a good idea to do it. That's how a lot of unnecessary laws get written. People push moral/social boundaries without common respect for others until something has to be done about it. Stuff like this will contribute to laws against vaping in public.

Best thing you can do if you want to keep your job is to let it go and move on. You have absolutely NO RIGHT to be able to vape at a place of employment if they owner doesn't permit it. It has nothing to do with laws. It's a business, they make the rules. This isn't like they are discriminating against you for race, sexual orientation, etc. You just can't vape at work. Pretty cut/dry.

If you must be able to vape at work, you need to find a job that allows you to. The business owner has the final say here.
 
Last edited:

Topwater Elvis

Vaping Master
ECF Veteran
Dec 26, 2012
7,116
16,502
Texas
This is what you get for relying on wiki / google to be accurate.
Always go straight to the source to get dependable info.

Colorado house bill 11-1016 expanded the definition of tobacco products to include; " any product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or; any electronic device that can be used to deliver nicotine to the person inhaling from the device."
While the body of the bill deals with minors, the definition of "tobacco product" for the state of Colorado and citizens of all ages was changed to include all varieties of e cigs / vaping.


July 2006 the Colorado clean indoor air act restricted use of tobacco products in many specific public areas including places of employment. Referencing my first paragraph, ecigs/vaping is considered use of tobacco product in CO.
There are a few exemptions that are clearly outlined in the Smoke free Colorado clean indoor air act.
A brief overview ---> https://www.colorado.gov/pacific/sites/default/files/Indoor air LE Key Points_0.pdf

Like it or not, understand it or not,,, when you need accurate info go directly to the source.
 

Baditude

ECF Guru
ECF Veteran
Apr 8, 2012
30,394
73,072
70
Ridgeway, Ohio
Yeah, unless you work in a vape shop, my guess is this doesn't fall under acceptable behavior.

Even though we know it's isn't smoke and think most folks shouldn't mind the smell, people get offended. If I'm in my car, on my properly, etc screw them. If I'm in public, all we do is hurt our cause if we promote inappropriate behavior.
Basically everywhere in the US, where there is "no smoking" there is "no vaping". I know its two different things, but the general public just observes it as smoking period. It is what it is. Next time use common sense.
 
Last edited:

ChelsB

Vaping Master
ECF Veteran
Verified Member
Dec 12, 2016
7,848
40,892
California
Basically everywhere in the US, where there is "no smoking" there is "no vaping". I know its two different things, but the general public just observes it as smoking period. It is what it is. Next time use common sense.

Agreed. I just assume that vaping in any workplace other than a vaping shop is forbidden.
 

mcclintock

Ultra Member
ECF Veteran
  • Oct 28, 2014
    1,547
    1,787
    Your attitude doesn't seem good about this and may be part of the problem. I'd say there is some variation with context. Finally, on your 5th post you do give some context, but that's all but the end of it:
    "No one was around customer never seem me drag in front of them do it in bathroom where we have great fan usually have door open how so it never lingered"

    So, I'm guessing you trusted a manager or fellow employee and maybe you both have to use the same non-customer bathroom. But otherwise you are trying to do the best you can.

    Best I know, most jobs you are supposed to get a break (but I'm not going to research it for you, please report back if you do). If you have been giving up your legal right to a break, or are expected to get little bits of a break as customer flow allows, you may have a case where they should meet you halfway. Still, you might have to vape outside the door in customer view for a while before they agree using the bathroom is better. Even then, the amount of vapor and smell is widely variable and while small and unflavored is clearly in a diff. category than smoking, not all of it is.

    Every where here in Colorado had a sign if place of business says no vaping year ago walmart never said .... now there are signs that's acceptable I'm ok with that now I know

    If I don't know I can't be expected to just know customers vape in store bosses used to never say anything to them nor I my district manager caught me exhaling juice off my coils because my rta was leaking asked if if I was e ciging inside I asked if she knew there was a no indoor ban and If she knew vape law she replied no and asked for me to do it outside i said no problem but tried to show her the vape laws for every state she refused to even look so I read it out to her said I don't doubt the company's policy that I can't but I was never given a policy or handbook of rules

    Literally got signs for no smoking at the pump no pants no shoes no shirt no service no public bathroom no this and that how am I to know vaping isn't allowed literally every place of business I go has signs stating if it's ok or not

    Vaping don't follow under the smoke free law in colorado

    No one was around customer never seem me drag in front of them do it in bathroom where we have great fan usually have door open how so it never lingered

    I'm not pushing the issue further but I do feel it's my right to see a policy so I know what's allowed to do my job effectively


    Even my dm don't know the policy or not ! Said she needs to ask the vp
     

    stols001

    Moved On
    ECF Veteran
    May 30, 2017
    29,338
    108,118
    I do agree with McClintock, that you should be getting breaks. I would ask for them (maybe 2 15 minute breaks) and point out they don't want you to vape in the bathroom.... They may decide it's easier to let you vape there, instead. Although from the sounds of things they seem pretty anti vaping, so perhaps you would be better off pointing out it is the law, just like it is perfectly legal for them to ask you not to vape.

    If you are jonesing on nicotine (which I also sympathize with) you might try Sweedish Snus or nic salt pouches for during work. They are both legitimate harm reduction methods that won't hurt you and may help you get through your shift. That is what I would be focusing on right now....

    Best of luck, Fifa.

    Anan
     
    • Like
    Reactions: Burnie
    Status
    Not open for further replies.

    Users who are viewing this thread