Discussions

no they have no right to tell you what to do on your off time

but at the same time if your on a probation period he doesnt need a reason to fire you

brand76 said "but at the same time if your on a probation period he doesnt need a reason to fire you "

the way it is described by the OP is not a reason, even if he is on probation.  
 
Has nothing to do with job performance.

brand76 said "but at the same time if your on a probation period he doesnt need a reason to fire you "

Why must it be a he??  
 
And no they can't tell you not to smoke but you could also try and be sure you do not smell of smoke when you enter the business. There is nothing worse then smelling stale smoke on someones breath and clothes.  
 
He also gives you a pay cheque. I don't know if it was me and I liked the job I would do my best to not smoke around my employer or stink of smoke but thats just me.

sound right. Employers can't control stuff like that on your own time or at home. Especially smoking.  
 
The only reason why I could see why they would want to, is to limit the smoke smell coming into the workplace.

Chances are if they don't already they will implement a scent free policy. You may not think you stink or have sprayed perfume, aired yourself out, etc. The reality is you truly stink and it can cause health problems with other workers. If complaints are made chances are your right to smell like a dirty ashtray will be trumped by those with breathing. Being an ex smoker with asthma the littlest traces of smoking has me choking and makes it really hard to breath.

This is not a simple yes or no question. In the area of rights, you have the right to do what you want on your free time.  
 
There is very little that is more offensive than stale cigarette smoke. The residual odour is especially pronounced when the said person smokes in a confined space such as a vehicle or home. There are many people who no only dislike the odour but are actively allergic.  
 
If a person is smoking on the job it is far more cut and dried. If your habit reduces your effectiveness then your boss has every right to regulate your actions.

It sounds like technically they weren't telling you you can not smoke, that you just may not come to work smelling like smoke. There's a difference. No they can't tell you to not smoke on your own free time. If they have a scent policy though or require good hygiene, they may be able to say you can not come to work smelling like cigarette smoke. Smokers often don't notice how bad they smell of smoke either.

We own a business and ask during interviews if the applicant smokes if we can't smell it before hand. If they say no then show up stinking like an ashtray we give them one chance. If it happened again, we found a reason to terminate the employment. Before the human rights comments and the take them to the labour board comments, she did that and lost. She showed up late one day and that was enough reason for us.

Tango123 said "We own a business and ask during interviews if the applicant smokes if we can't smell it before hand. If they say no then show up stinking like an ashtray we give them one chance. If it happened again, we found a reason to terminate the employment. Before the human rights comments and the take them to the labour board comments, she did that and lost. She showed up late one day and that was enough reason for us. "

is it your right during an interview to ask if a person smokes? I know you can't ask about health issues.

It's simple. If they don't answer...don't hire. If someone says "it's not your right " they will be trouble down the road anyway. This sense of entitlement is sickening these days.

But your entitled to know if he or she smokes. I don't get it. Smoking is not against the law. With a mint after barley noticeable. People have been smoking for years and years and while it is becoming less of a habit. We should not be going to look for micro managing reasons to fire some one because they are a smoker. Smokers get a bad rap these days but they are people to. And no I don't smoke. Just work with lots of smokers and don't mind, They all do good jobs.

employer cannot tell you not to smoke on your time away from the workplace but they can tell you that you cannot reek if smoke when you come to work. In a scent free workplace-no perfume no smoke no scented deodorant/lotion/body spray. If you are not a scent free workplace....you could soon be made into one.

You may think that a mint will solve the issue of smoke smell but believe me - it doesn't. The scent is still there, and as smoking has become less socially acceptable, the smell of smoke has likewise become that way. I would not want one of my employees to be dealing with a client and smelling like an ashtray.  
So no - you cannot tell a person that they can't smoke on their own time.  
 
But consider this- I had employees who were smokers who had to take more frequent or longer breaks because of their habit. For a boss, that is a legitimate issue. And the negative impression they presented of our business was important - call it hygiene, or whatever you like. It stinks.

but I am a consumer. We recently went into a furniture store and were greeted by a young man, who reeked of cigarette smoke, needless to say we told him we were just looking as I couldn't stand the smell that followed us around. I still see the employees out the back of this store on smoke breaks, maybe it doesn't bother some, but it turned me off and I won't shop there.

If we are going to put the OP on trial for being a "smelly smoker" then lets talk about smelly people in general. Some people have such bad body odor that I guess they should also be put on trial, how about bad breath.....ewwwww gingivitus!  
Oh you went out drinking last night and as a person who does not drink I can smell it .... go home....bath again, brush your teeth oh and don''''t you dare sweat!  
You ate garlic.....how disgusting!  
Scent free is a myth....Everyone smells like something. So everyone go home, take a bath, wash your hair and all of your clothes....do it right now!  
Bottom line is..... It is not your employers job to say a word about your smoking. He/she hired you when you smoked.  
 
And no, I do not smoke.  
 
Edited by Popcorn Twist, 2017-04-12 11:33:43

If an employee has any kind of o:bjectionable smell that is impacting their work/clients, the boss should discuss it with them. It's good business.

Brenda said "    Tango123 said "We own a business and ask during interviews if the applicant smokes if we can't smell it before hand. If they say no then show up stinking like an ashtray we give them one chance. If it happened again, we found a reason to terminate the employment. Before the human rights comments and the take them to the labour board comments, she did that and lost. She showed up late one day and that was enough reason for us. " is it your right during an interview to ask if a person smokes? I know you can't ask about health issues. "

You can ask if there is anything that may prevent them from doing regular required duties. We ask this all the time in interviews. The common answer is no and they sign off on it. I have had employees after hiring say they have bad knees, back, etc. that limits their ability. Instant grounds for dismissal for lying on their application as there were things that prevented normal duties being met.

Fishin Guy said "    Brenda said "    Tango123 said "We own a business and ask during interviews if the applicant smokes if we can't smell it before hand. If they say no then show up stinking like an ashtray we give them one chance. If it happened again, we found a reason to terminate the employment. Before the human rights comments and the take them to the labour board comments, she did that and lost. She showed up late one day and that was enough reason for us. " is it your right during an interview to ask if a person smokes? I know you can't ask about health issues. " You can ask if there is anything that may prevent them from doing regular required duties. We ask this all the time in interviews. The common answer is no and they sign off on it. I have had employees after hiring say they have bad knees, back, etc. that limits their ability. Instant grounds for dismissal for lying on their application as there were things that prevented normal duties being met. "

how does smoking prevent someone from doing regular required duties?

Tiger Lily said "You may think that a mint will solve the issue of smoke smell but believe me - it doesn't. The scent is still there, and as smoking has become less socially acceptable, the smell of smoke has likewise become that way. I would not want one of my employees to be dealing with a client and smelling like an ashtray.   So no - you cannot tell a person that they can't smoke on their own time.     But consider this- I had employees who were smokers who had to take more frequent or longer breaks because of their habit. For a boss, that is a legitimate issue. And the negative impression they presented of our business was important - call it hygiene, or whatever you like. It stinks. "

Your comment about your employees who were smokers who took more frequent or longer breaks because of their habit falls on you completely. You were the one letting them take advantage of you and letting them use that as an excuse. That also can't be pinned on smokers, that needs to be pinned on individual people. Not all smokers take advantage of this, and also most of them take SHORTER breaks than non-smokers. But that's another conversation...and one that's been had to death on ebrandon.

I think that if I had to spend an extended time with an employee in close proximity, it is valid.  
 
Would I want to have my hairdresser or masseuse to work near me after just coming from a smoke break? No  
I would more than likely only see that person once and find another venue or person for the next appointment.  
 
Now if I smoked too, perhaps it would be an non-issue.  
 
Employees represent the business and are part of the image, whether it is retail, restaurant, home care, etc.  
 
I couldn't imagine an elementary student having a chain smoker for a teacher without complaints from parents. Or seeing a doctor or nurse tend to me that reeked like smoke.  
 
Times are changing. There are some places where this no longer tolerated.  
 
It will be business and revenue loss for those of us that prefer a non-smoking environment.  
 
What you do on your own time is your time? However if it affects your job, be mindful.

I think those who smoke will object to any controls, comments or issues negative towards the smoker. The non smokers will object to the smell, odor of the smoker that the smoker is oblivious to or doesn't care. An employer may choose not to hire the smoke or want to terminate the smoker because of the reflection on the company for hiring him as stated in previous comments. Secondly, over time the smoker has a greater chance of getting sicker and missing more work or needing medication and this will drive costs up for the employer if they have health benefits. An employee with less risky lifestyle may be desired. Couldn't tell you why anyone would smoke with the cost and health issues these days. All 3 of my kids smoked at one time, could never figure that out. what a waste of their money, their health and really their choice...doesn't matter what I feel. same goes with all smokers.. in the end it is their choice. as an employer.... they too can choose. to answer the question. They can request the person not smoke on company time or come in smelling of residual smoke as this may reflect on them. Same could be said about alcohol.

eph2-8 said "I think those who smoke will object to any controls, comments or issues negative towards the smoker. The non smokers will object to the smell, odor of the smoker that the smoker is oblivious to or doesn't care. An employer may choose not to hire the smoke or want to terminate the smoker because of the reflection on the company for hiring him as stated in previous comments. Secondly, over time the smoker has a greater chance of getting sicker and missing more work or needing medication and this will drive costs up for the employer if they have health benefits. An employee with less risky lifestyle may be desired. Couldn't tell you why anyone would smoke with the cost and health issues these days. All 3 of my kids smoked at one time, could never figure that out. what a waste of their money, their health and really their choice...doesn't matter what I feel. same goes with all smokers.. in the end it is their choice. as an employer.... they too can choose. to answer the question. They can request the person not smoke on company time or come in smelling of residual smoke as this may reflect on them. Same could be said about alcohol. "

Now really alcohol is a whole different discussion. Nothing like smoking at all. Smoking will not affect your job performance, alcohol of course will.  
 
I am a smoker - I smoke at home, in my vehicle. I volunteer right now and never hand my coat with the rest of the volunteers, I just throw it on the floor under my work station, so other's don't get the smell on their jackets. Everyone else will go to the coffee room for 1/2 hour, I go outside for 5 minutes and come in and get back to work. Not that it really matters how long the workers stay in the coffee room, it is volunteering.  
 
I have tried to quit many times and I am on a very strong antidepressant. I know it is bad for your health. Because of my medication I cannot take any kind of the "help stop smoking aids". I know I will be able to do it sometime, but I have a very addictive personality and I need more strength and must be ready.  
 
Sure no use to comparing to alcohol.

smoking rights or income? Choice is yours.  
I wouldn't want my employee arguing over smoking rights. There's always some smell around smokers.

Tiger Lily said "You may think that a mint will solve the issue of smoke smell but believe me - it doesn't. The scent is still there, and as smoking has become less socially acceptable, the smell of smoke has likewise become that way. I would not want one of my employees to be dealing with a client and smelling like an ashtray.   So no - you cannot tell a person that they can't smoke on their own time.     But consider this- I had employees who were smokers who had to take more frequent or longer breaks because of their habit. For a boss, that is a legitimate issue. And the negative impression they presented of our business was important - call it hygiene, or whatever you like. It stinks. "

+1

Nunya said "    Tiger Lily said "You may think that a mint will solve the issue of smoke smell but believe me - it doesn't. The scent is still there, and as smoking has become less socially acceptable, the smell of smoke has likewise become that way. I would not want one of my employees to be dealing with a client and smelling like an ashtray.   So no - you cannot tell a person that they can't smoke on their own time.     But consider this- I had employees who were smokers who had to take more frequent or longer breaks because of their habit. For a boss, that is a legitimate issue. And the negative impression they presented of our business was important - call it hygiene, or whatever you like. It stinks. " Your comment about your employees who were smokers who took more frequent or longer breaks because of their habit falls on you completely. You were the one letting them take advantage of you and letting them use that as an excuse. That also can't be pinned on smokers, that needs to be pinned on individual people. Not all smokers take advantage of this, and also most of them take SHORTER breaks than non-smokers. But that's another conversation...and one that's been had to death on ebrandon. "

Nope - I didn't let them take advantage...I dealt with it. But it was a legitimate issue that had to be addressed.  
 
I personally have had to change hairdresser and dentist because I couldn't stand the smoke smell...so I am sure businesses do lose customers because of it.

Popcorn Twist said "If we are going to put the OP on trial for being a "smelly smoker" then lets talk about smelly people in general. Some people have such bad body odor that I guess they should also be put on trial, how about bad breath.....ewwwww gingivitus!   Oh you went out drinking last night and as a person who does not drink I can smell it .... go home....bath again, brush your teeth oh and don''''t you dare sweat!   You ate garlic.....how disgusting!   Scent free is a myth....Everyone smells like something. So everyone go home, take a bath, wash your hair and all of your clothes....do it right now!   Bottom line is..... It is not your employers job to say a word about your smoking. He/she hired you when you smoked.     And no, I do not smoke.     Edited by Popcorn Twist, 2017-04-12 11:33:43"

I get it that if you come to work smelling of smoke, or back from a break but really???? There are just as obnoxious odours floating from some people: Popcorn Twist named some of them but let's be honest, they don't get talked about.

Where does it stop?  
So Tango admits to firing people because they are smokers, but finds "other reasons" to justify it. Not someone I would be working for (and no I do not smoke).  
 
Where does it stop? Where does the employers right to intrude on ones personal life choices stop? It seems to be a problem that is expanding drastically.  
How far is it going to go before we have no rights to privacy at all?  
 
Take it as you will, but I'm still of them mindset that what I do in my own time is my business and nobody else's. I go to work, do my job (well), smoke, present myself in a very professional manner but when I leave work at the end of the day I leave work there.  
I forsee a communistic approach on the horizon within the next decade sadly.

smells like smoke and perfume can trigger a serious asthma attack in people with allergies. I know 2 people who have serious breathing problems and simply cannot have those scents in the workplace. Body odor and had breath, while gag worthy, are not quite the same.

that since it's the smell of cigarette smoke in question, which is the "boo boo hiss hiss" flavour of the decade (or longer) the employer would be on the moral high ground to not tolerate it.  
Having said that, I recall going to the Brandon Hospital a few years ago to visit a very ill friend who's favourite flowers were lillies. I was met with a sign on the ward doors: do not bring lillies; one of our staff is allergic. I recall thinking "wow, & I thought this was about the patients"!