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Walter, Legal Consultant
Category: Legal
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Experience:  Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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Can an employer prohibit you from smoking in your car while ...

Resolved Question:

Can an employer prohibit you from smoking in your car while on your break at work?
Submitted: 8 years ago.
Category: Legal
Expert:  Walter replied 8 years ago.


Got to love all the anti smoking laws going on......errrrr. I am sorry, I do not have good news. Since the employer owns the parking lot they can refuse to allow any smoking on the property. Even in the case of a leased property they have the right to prohibit smoking.

The sad fact is many employers are pushing the bill........if you are not familiar with some of the cases some employees are being terminated even for smoking in their personal lives off the clock and away from the employment. Others are being charged higher heath premiums because they smoke.

Currently this is more a gray area. No one has challenged a employer yet and they seem to be getting away with it. As far as your issue, there is nothing to challenge as they have a right to prohibit smoking anywhere on the property.

I am sorry, I wish I had better news.


Customer: replied 8 years ago.
so if the employer prohibits smoking for all the employees does this mean that the guests of the property would have to follow as well
Expert:  Walter replied 8 years ago.


Thats a big leap............but yes for the most part. They could post signs stating it is a smoke free property but enforcing it would be a serious issue. Most employers would not go though the trouble of trying to enforce guests to not smoke coming onto the property because it would be a hardship to them to enforce this thus they could not be held liable if someone other then a employee chose to smoke while on the property.


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