Got written up for vaping inside at work

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chellie

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Work at gas station just gotten taken over by a new company so we weren't given a employee hand book nor nothing said about it in the re apply

I live in colorado and there is no indoor vaping ban except schools I looked up the laws and told and showed my boss and she's now telling me I'm going to have a meeting with the district manager about it

As far as I know my city doesnt have a ban on other work places

I get a company's policy can state that I can't but if I was never informed can they still keep the write up valid?
I have not read all the replies so pardon me if this was asked --it appears you were working there before the takeover so were you vaping before with the prior management?
 

Letitia

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When you work a shift at a gas station or convenience store you are generally the only one there and insisting on breaks will lose you your job. Legal or not does not change the fact. I used to smoke in the cooler when I could get away to stock it or while bagging ice.
 

Rossum

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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.
I respectfully disagree. There are still states which have not included vaping in their smoke-free laws.

Of course an employer can have more restrictive policies than the law requires.
 
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Rossum

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Agreed. I just assume that vaping in any workplace other than a vaping shop is forbidden.
I know of at least one business that is not a vape shop, or in any way vape related, but is owned by a guy who vapes, where vaping is allowed. :D
 

wheelie

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In Colorado vaping and smoking are two different things there is no indoor ban and they can't just expect no one to know not to unless there is a sign and can't expect an employee to know if I was never given what the new company's policy is

I could careless about courteous or bad manners

If something isn't legal or not allowed I mean we have sings for lotering no shoes no pants no shirt and no smoking at the pump signs but nothing about vaping inside or out

I don't feel I'm doing anything wrong when the law says it's ok I'm going to do so unless a company has a rule and I cannot be aware if these rules if I'm not handed a book stating it's not allowed nor am I informed with out a sign one of two need to happen
See you at the unemployment office. Make a scene and that's where it ends up. Bosses demand respect. I would make it pretty darn tough for you to want to stay if you told me that and bucked my system. Better off to say sorry I will not do it anymore and figure out where cameras are not pointed and vape there, hold it in for 10 seconds and blow down inside my shirt and no one knows. CHEERS!
 

papergoblin

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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

You are speaking to the MSDS, that is a federal law. It requires all companies to have a list of hazardous materials and their process for clean up. It only pertains to items sold not what you bring in.

Does your store sell cooked food (nachos, hot dogs, or even fountain drinks) that require a health department inspection? If so, as you will notice in your list, places serving food have a ban on vaping.

If you have worked without breaks/lunches, that is on you. The law is what it is, you should have contacted your local wage and hour board, not blindly complied. While it isn't right to not have breaks and lunches, you also knew that but worked through.

There's a rule in the work place I used to tell new guys. If you want more money work like you are making more money. If your mentality is I make $7 an hour and that's all I'm gonna do, that's all you're ever gonna make.

Here's the ugly short of it. You have worked without a company following the law, you said nothing yet knew it was wrong. The company was taken over and you reapplied, more than likely there were rules listed somewhere. If not, it was your responsibility to get clarification of rules/regulations, as well as clear up the previous not following the law.

I'm not trying to but a jerk but is the avatar you have a pic of you? If so you're lucky to have a job, most places won't hire people with tattoos like yours. The reason being they speak to possible background and forced employment of a institution. Not knocking you, I have plenty of tattoos and piercings. I also have experience working with (and related to) people in (or been in) the system, the whole I need the rules spelled out in front of me kind of speaks to it to.

Sometimes it's best to lose the battle to win the war. One write up isn't a thing as most places give three. Do what they say and get paid or move to better employment. They don't have to let you vape and the bonus is you don't have to work for them. Ask yourself, do you have a job or a career? Jobs are a dime a dozen, careers are what matter.
 

chellie

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I never saw any follow-up from the OP - my question was whether or not he "vaped" before the mgmt takeover? I think that is an important piece of info to know. Without any clarification what I read into this, perhaps incorrectly, was that a new company took over and he decided and/or wants to vape and as far as he knows there are no laws against it so why was he written up.

And -- a gas station? I would think that any kind of spark would be considered dangerous.

If he was vaping at work before the takeover and then all of a sudden he is written up - without receiving any advance notification of any changes - then he would appear to have a valid beef.

Even though I am an avid vaper I tend to think to think of vaping in the workplace like smoking and that similar procedures apply --either you allow both or ban both. Maybe someone would say they are vaping 0 nic -how do you really know? Would you have an air scanner to determine it? Too many variables.

Overall the public still views vape as smoke and as much as many of us say that it all dissipates I've gone into friends homes who vape with way more powerful equipment than me and let me tell you it is a cloud of vape. I've gone into vape shops without much ventilation and could not even see. Wouldn't want that in the workplace.

Depending on the employment position, just so MANY variables. Overall I would not want a customer walking in to my office and having it full of vapor. Not for any health reasons, I am just old skool and think it is unprofessional. But I am fair across the board. If a person is a big fitness buff I would think that is inappropriate and unprofessional for someone to walk into their office while they are in the middle of an exercise routine ---unless the workplace is a gym.
 
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Asbestos4004

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I own my business and we wreck buildings so vaping is ok at work...as long as it's the owner vaping. :D Some of my operators smoke. That's ok too.... I have no employee handbook . We run on the "don't be an idiot" policy.

Sometimes, we only are contracted to tear down part of a building. I once had a guy take a leak behind a big bush near the corner of a remaining building. There was a 16' mirrored window behind that same bush. Guess which way he was aiming. To make matters more interesting, the window provided light into the properties Human Resources managers office. She was caught a little off guard. This happened several years ago and my employee was apologetic and embarrassed. He still works for me and is a very talented crane/ball operator . (Yes, that pun was kind of on purpose)
Had he come at me with the 'no policy/handbook' stance, I doubt I would have kept him. I agree that you have a right to be upset.....but that doesn't pay the bills. Do you want to be right? Or would you rather enjoy steady income?
 

Coastal Cowboy

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Employers make the rules and employees either obey them or find work elsewhere.

Some jurisdictions have laws that make employers write the rules down and make you sign something stating that you understand those rules.

Yours is apparently not one of those jurisdictions.
 

papergoblin

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Employers make the rules and employees either obey them or find work elsewhere.

Some jurisdictions have laws that make employers write the rules down and make you sign something stating that you understand those rules.

Yours is apparently not one of those jurisdictions.

I just looked it up, per Google, Colorado (listed by op's location) is a Right to Work State. Which I'm sure you know as well as many others here, but for those that do not, it means an employer can fire you without reason.
 

Rossum

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Even though I am an avid vaper I tend to think to think of vaping in the workplace like smoking and that similar procedures apply --either you allow both or ban both.
Why? I certainly don't. Vaping is not smoking!

Moreover, allowing vaping inside while making smokers go outside is a strong incentive for smokers to switch.
 
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