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

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Rocketpunk

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Going over his head will not solve anything. I know how FREAKING FRUSTRATING it can be when someone steps into our bubble and tells us what we can and cannot do.

But there is ONE major factor: Does he sign my (read "yours") paycheck? If he does... let it slide. I know what it's like to get bent over. I work as a server at a restaurant, I get blanked every day.

Sadly, with a great big sigh, if he's your boss... he's your boss.

Chafes, doesn't it? Yeah, I'd like to teach my boss a thing or two...
 

cactus71

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...Does he sign my (read "yours") paycheck? If he does... let it slide....
I cannot see how "he" [the manager] does the paycheck signing considering he works for a "huge national department store"... there must be policies in place then and a means to escalate the issue if he deems in worthwhile. Not that it means much but still... there's a mechanism for escalation - hopefully?
 

Rocketpunk

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If he is the fellow who signs the paycheck that you then deposit into your bank account... Then yes, you must defer to him. I'm not trying to rabble rouse. It's simple logic.

Don't rock the boat too hard or you'll tip over.

That's why i vape in the bathroom at work. I will NOT give that ...... a reason to penalize me.
 

Salt&PePPer

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You're off the clock, tell him to .... off.

Tell him to .... off for going through with the write up even after finding out there was no tobacco or smoking going on.

Don't let something as silly as a job at a big department store cloud your judgement in this matter.

Whatever you do don't sign it, unless you already did. You need to fight this for the right of it. There will be other jobs.
 

Saintly1

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Actually e-cigs are officially considered a tobacco product at this point in time. That's part of the FDA issue right now. That's also why you have to be 18 to buy e-juice if it has nicotine. If your company has a no tobacco use policy, which is quite possible to stop snuff as well, then e-cigs fall in that category unless you use 0mg juice. That's why he asked you if there was nicotine in the juice.

If you haven't done so already please go sign the petition to help stop the FDA from regulating us out of use.
 

Rocketpunk

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You're off the clock, tell him to .... off.

Tell him to .... off for going through with the write up even after finding out there was no tobacco or smoking going on.

Don't let something as silly as a job at a big department store cloud your judgement in this matter.

Whatever you do don't sign it, unless you already did. You need to fight this for the right of it. There will be other jobs.

Holy gad, in my wildest fantasies, I did exactly this. BUT DO NOT FOLLOW THIS ADVICE!!!!!!!

Tell your boss to F off in any respect, for any reason, will most likely get you fired. Off the clock. Ready for a lawsuit and court fees and lawyer? No? Well, then...

Yes, there will be other jobs. But right now?! Immediately? To pay the bills RIGHT NOW? I totally agree with Salt & Pepper's intentions, but don't jeopardize your job, if you already have one! Gah!

@ Salt n Pepper, by no means am I picking a fight, but maybe be a little more careful on the advice you give. We need the jobs we have. We can't protest willy nilly to make a point. Now is not that time.
 
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Beretta

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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?

Your boss is an idiot. nuff said.
 

cactus71

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Your boss is an idiot. nuff said.

Unfortunately it's this type of idiot that we'll all face when it comes to gaining acceptance for vaping... so you can't just say, "nuff said". You've got to do something about it - especially if there aren't policies regarding vaping. I do understand that a job may be necessary (given circumstances) and paramount but, you've got to standup for your rights without writing-off the opposition - bring them to your side through gentle force (i.e. lawsuit for unlawful write-ups) if necessary.
 

zapped

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If its a large national department store then Im fairly certain they have a human resources departments or a confidential hotline you can call and explain your situation to. Either read them the CASAA documents or offer to fax them to them.

This way you have it documented that the boss wrote you up "after hours" and arent happy about it. He might just have it in for you in which case its better to get some documentation on your side.

The facts that you were off the clock as well as it being after hours are in your favor and I wouldnt have signed any documentation.
 

Salt&PePPer

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Holy gad, in my wildest fantasies, I did exactly this. BUT DO NOT FOLLOW THIS ADVICE!!!!!!!

Tell your boss to F off in any respect, for any reason, will most likely get you fired. Off the clock. Ready for a lawsuit and court fees and lawyer? No? Well, then...

Yes, there will be other jobs. But right now?! Immediately? To pay the bills RIGHT NOW? I totally agree with Salt & Pepper's intentions, but don't jeopardize your job, if you already have one! Gah!

@ Salt n Pepper, by no means am I picking a fight, but maybe be a little more careful on the advice you give. We need the jobs we have. We can't protest willy nilly to make a point. Now is not that time.

I wouldn't follow my advice either!

But there are times where you wish you could or would do something in the moment in retrospect. But most times cooler heard prevail thank god.
 

mightymen

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    No you can't
    Do you have a union talk to them.
    Goto your personal officer one on one see what their say.
    But we are bucking a system that is not setup for us.
    When you fight there is a winner and a losser.

    Your coming up against people who think their smarter then you, who know less about what is being discussed. Its like a monkey putting his hand through a hole in a barrel to get an apple he will never let go of the apple to get his hand free. he just dosn't know better.

    Its your job you have do what you think is best for you, the manager is the first your will most like see other monkey on this new trip you have taken. Laws and rules mean very little anymore its how there seen who sees them.

    As people who enjoy e-cig we have think on what we are doing and how it effects us and others. Very little rules have been given out on e-cigs.
    In ny the governor signed in that you can't use a e cig anywhere around 300 foot of school but if you live next to school its ok. Their nuts making new rules as their see fit without proof not much sense to this.

    People have posted getting tickets, told not to use ecig at their loctions etc.

    We need a low profile when we use an e-cig for now.

    New time can't offend anyone anymore.
     

    Platemail

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    UPDATE:

    I spoke to my district manager today, and once she was informed of the situation, she JUST SO HAPPENED to be making a visit in our store today. We all sat down, I provided my case and he, his. She retracted the write up and came to the conclusion he was "making an example out of me." He was in turn "verbally coached" about unlawful write us and parsed judgement. I fought against the 'man' and won. It's a good feeling. She did inform me that I wasn't to vape or consume nicotine, or any "drug" such as alcohol or otherwise, during store hours, inside the store. I was told to treat vaping as a cigarette and only use them outside, and not in front of the building. I was perfectly fine with this, smiled and shook her hand. In fact she was very intrigued about the e-cig and had me explain to her what it was and how it worked. and in fact this was her first encounter with one, stating she'd seen them outside of the workplace but never really understood them. Thank you all for your responses! Vape on!
     

    Platemail

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    Jan 18, 2013
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    Glad you beat it, however now that the DM is gone I hope your boss doesn't hold a grudge & make you do all types of grunt/busy work.

    This is my hope too. If he does, however that's very very illegal. Its called retaliation and I hope he doesn't do it in any form. She warned me of that as well and told me if I felt any retaliation that I was to call her office directly. She was very on my side on this one.
     

    Baditude

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    I'm overjoyed that this turned out well. Bravo for having the courage to stand up for your rights as a vapor. :toast:

    Just curious, did the district manager rationalize why nicotine was not to be "consumed during store hours, inside the store"? Are the nicotine patches and gum also not allowed? What is the pratical difference between an ecig and those nicotine replacements?

    Hopefully your manager bites his lip and doesn't hold this against you. At least the district manager warned that this would not be tolerated. He needs to mind his P's and Q's, whatever that means.
     
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