Written up at work for vaping off the clock...

[Platemail]

Yep, title says it all. Store closed (huge national department store) we all clocked out and were waiting to leave for the night. The manager came and opened the door for us to leave, as we leave I was puffing on my e-cig. and he freaks. pulls me back inside and give me a formal write up for tobacco use in the store during work hours. Even though mind you, the store was closed, it was after I was clocked out and my nametag wasn't on. Is this right? Should I fight this? I feel so embarrassed by this. What do you think?

 

[hallucinoJEN]

Did you explain to him that you weren't smoking? Since vaping isn't mainstream yet, a lot of people still don't know what it is. When they see the vapor, they assume it's smoke. Go to him, and show him your PV and explain to him that it isn't smoke. If he still won't listen, talk to his boss. If neither won't listen, then either look for another job, or just stealth vape.

Jen

 

[MDV39]

Its always best to check with you're employer weither it would be ok to vape. I can vape at my desk my bosses dont mind. Did anyone ever say it was ok to vape?

 

[NICnurse]

Sounds like a pile of horse crap to me! If it were me I would fight it......but I am a feisty girl that can get a little lippy at times.

 

[KraKsX]

Don't fight, just talk to the guy, or try and talk to the guy OVER him...

Bets of luck.

 

[Caridwen]

CASAA has some handouts you can print up.
CASAA Printable Material

 

[cactus71]

From what you're telling us... that you were written up for tobacco-use, then yes I would fight it. Without knowing all the company policies, it becomes a bit more difficult. Are e-cigs against policy? Does the policy explicitly state "during work hours" or "on the premises"? From his initial "freak out", the manager doesn't sound like the person to have a frank discussion about e-cigs with, but is there an HR department or someone above him that may be more level-headed you could speak with?

 

[Atlexus]

That's sounds completely ridiculous! I would definitely not let that slide

-Atlexus

 

[Platemail]

Did you explain to him that you weren't smoking? Since vaping isn't mainstream yet, a lot of people still don't know what it is. When they see the vapor, they assume it's smoke. Go to him, and show him your PV and explain to him that it isn't smoke. If he still won't listen, talk to his boss. If neither won't listen, then either look for another job, or just stealth vape.

Jen

I did explain to him everything as he was writing me up. He asked me if it had nicotine in it, of course I'm not going to lie to him so I told him what the juice was made of, and how harmless it was. He didn't budge on it at all and wouldn't hear what I had to say. I feel like I should take the warning and just continue go to the bathroom to do it and wait until I'm outside to do it. I never do it on the clock or in front of customers. only in the breakroom or after the store is closed and I'm off the clock.

 

[xanderxman]

Smack him in the face and call it done. Also, pin your nametag into his forehead.

But seriously, not sure you can do much. Most employers in most States can fire you at will so your only options are take it on the chin and let it go or cause a ruckus and deal with the fallout. I would personally go for the ruckus option but then again I enjoy a good ruckus from time to time.

In all seriousness, it is NOT right but I don't think you are going to win this fight. You have to decide if it is worth it to you. If so, then go for it. I would go this route myself but it is not for everyone. You could lose your job and in the current job market that might not be worth it. You have to weigh your options and do what is right for you.

 

[Unc1987]

I would talk to him, tell him what vaping is, tell him vaping helped you quit and you didn't realize it would be a problem after hours. If he disagrees talk to his superior and apologize, say it was a mistake and you just weren't thinking. I think it's very unfair, in the meantime better head to a stall or wait til your off work.

 

[Faylool]

If you think about doing something and you feel a little weird but then you say oh well and do it anyway, the chance is probably 50/50 there will be some kind of undesirable consequence.

 

[cactus71]

Sorry I've got to take NICnurse and xanderxman out for a few drinks... that sounds like a good time. To getting lippy and causing a ruckus

 

[2coils]

In New Jersey, Ecigs are lumped together with traditional smoking bans. I dont know how Florida Law is. If I were caught vaping anywhere smoking is prohibited there could be a penalty. I'd guess employers would follow suit.

 

[Unc1987]

Here in North Carolina smoking was banned in bars and restaurants two years ago, but not offices or anywhere else. People vape in bars all the time. Each time I'm out I see more vapers. Most everyone knows what they are now and the initial laugh is over. I think it only bothers people who don't know what it is. I do feel however there are many places where it's not smart to vape and its better to be done discreetly before it hits the news in a negative way (ie, just go in the airplane 'lavatory', it's what the attendant told a man in the row in front of me a few years ago)

 

[denali_41]

Smack him in the face and call it done. Also, pin your nametag into his forehead.


In all seriousness, it is NOT right but I don't think you are going to win this fight. You have to decide if it is worth it to you. If so, then go for it. I would go this route myself but it is not for everyone. You could lose your job and in the current job market that might not be worth it. You have to weigh your options and do what is right for you.

a lot of truth in that !!

you could win this ,but you'd have to take it to court and thats a lot of money that you probably don't have..And on top of all that,they'd figure out a reason to fire you before the court battle was over.

your best option is to get an employee he really likes to discuss the matter with him,you know suck up style

 

[Seebs]

I hate to say this, but you'd be fighting a losing battle on this one. As "unfair" as it may seem to you and all of us; corporate policy is corporate policy and they can't stop and check for every exception there may be.

Think of it this way... To the manager in question; it "walked like a duck" and "quacked like a duck" so even though what you had in your hands was a swan; he saw a duck and wrote you up for it. It's not enough to be within the rules; you also have to "appear" to be within the rules and having thick clouds of "smoke" come out of your mouth while inside the company was just enough reason for the write up. How those clouds were made is irrelevant to corporate.

Add to that the fact that Fla is an "at will" State and you don't have a fighting chance on this one.

 

[Baditude]

Ask to read the official company policy of "smoking" or "tobacco products" if there is one. In my understanding, nicotine itself is not considered a tobacco product. There is no tobacco use going on here. And there is no smoke going on here. Unless there is specific language about e-cigarettes not being allowed, then challenge the reprimand. The CASAA papers someone mentioned before might also prove to be helpful to explain your side of the story.

Is nicotine gum or patches allowed for use by employees? Vaping is merely another form of nicotine replacement.

If the manager still is unresponsive, follow the proper procedure to challenge your reprimand writeup with your human resource people.

 

[rbrtito]

I've been in management for many years, and I may have not written someone up for it on the first offense but at the same time I would give them a warning and let them know why I may not want them to vape inside the store. I personally don't vape at work unless outside because I don't want to be blowing smoke out of my mouth inside my place of wirk, I feel that some people misconstrue that vaping isn't smoking so they can vape in doors, but to some people it's still something new that isn't really known yet so play it safe and just it like you would like a cigarette, take it outside.. Just my

 

[cactus71]

Ask to read the official company policy of "smoking" or "tobacco products" if there is one. In my understanding, nicotine itself is not considered a tobacco product. There is no tobacco use going on here. And there is no smoke going on here. Unless there is specific language about e-cigarettes not being allowed, then challenge the reprimand. The CASAA papers someone mentioned before might also prove to be helpful to explain your side of the story.

Is nicotine gum or patches allowed for use by employees? Vaping is merely another form of nicotine replacement.

If the manager still is unresponsive, follow the proper procedure to challenge your reprimand writeup with your human resource people.

Dammit we're thinking too much alike again