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Michigan Firm Fires All Employees Who Smoke, Even those smoking on Own TimeDoes this sound legal? Is this a civil liberties issue, or a reflection of sound public policy? What about employees with other lifestyle habits that are 'deemed' unhealthy? Article : Michigan Firm Won't Allow Smoking, Even On Employee's Own Time LANSING, Mich. -- A Michigan health care company has fired four of its employees for refusing to take a test to determine whether they smoke cigarettes. |
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It's complicated
I read the article and it wasn't specific about the grounds for firing someone. For example, I don't think they could legally fire someone for smoking on their own time if they were not a participant in the company health care plan.
The idea of insurance surcharging tobacco users has been around a long time. A previous employer of mine gave "discounted" medical insurance rates to those who took a physical and a blood test that tested for tobacco use. That was the reason I quit smoking several years ago.
IMHO, small companies should be permitted to charge a higher premium to smokers, since the cost impact on the remaining non-smokers would be significant. In a larger company that cost can be diluted. Regardless, you shouldn't be able to fire someone who's doing something legal.
Besides, the majority (RJR, Altria, UST, etc.) of Big Tobacco are repug donors!! Drinking is better, most booze companies are blue.
You can legally fire anyone a
You can legally fire anyone as long as it's not over protected issues: gender, race, nationality, age, sexual orientation (in some places), etc..
Really?
I'm not a lawyer and I don't play one on TV either, but something is instinctly wrong about that. Does it have to be tied to performance, or can you dump someone because they like the color orange? Not trying to be argumentative, but since a number of lawyers hang out here, I'm curious for an answer.
Neither am I a lawyer, but I'
Neither am I a lawyer, but I've been told, technically, yes, you can be fired for any reason that doesn't violate certain protected classes. I guess as a healthcare company they can justify the firings on their image to customers.
It's part of the "employment
It's part of the "employment at will" concept, and most employers can fire someone for almost any non-discriminatory reason. Many states however, impose stricter limitations on arbitrary termination, and uphold the "progressive discipline" approach to termination, i.e., warnings, suspensions, and then firing.
I believe that these employees could file a civil "wrongful termination" suit, and stand a good chance of winning.
discrimination
Actually it IS LEGAL to fire someonefor being gay in 39 or 40 states. You can actually put that as the reason for firing someone. That is why Democrats are trying to pass a FEDERAL EMPLOYMENT Non-Discrimination Act, known as "ENDA". As for the military's "Don't ask" policy, there are open homosexuals serving in many foreign militarys, with no major problems of "cohesion". In fact, you can bet some of these gays are serving in Iraq and Afghanastan.
One is even the GOP Chairman!
One is even the GOP Chairman!
http://blog.democrats.com/node/2700
What about sexual activity?
What if they decided a specific legal sexual activity is unhealthy? Could they fire you for that? What about eating unhealthy? How about abortions? Note that they are 'testing' employees for smoking. Is this less intrusive than those other things. Is it because smokers are equally distributed among classified groups ? What if this leads to firing all the African Americans? Is that legal?
Guess it depends on where you
Guess it depends on where you have that sexual activity. OK, knock it off, I meant whether you had it at work or not.
The copy machine seems to be
The copy machine seems to be popular...