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Recent Smoke Break questions

I own a home cleaning business. The cleaners drive their own

I own a home cleaning business. The cleaners drive their own vehicles in teams of 2 or 3 to the homes they must clean for the day. The driver for each team is reimbursed for the use of the vehicle for business purposes. The question concerns smoking. Our policy states that you cannot force your co-worker to ride in a vehicle where there is second-hand smoke. If it happens that a non-smoker and smoker are paired as a team and the non-smoker does not want to be in a vehicle with cigarette smoke, then the smoker can either take smoke breaks (smoke outside the vehicle), or not smoke, or drive separately. If the smoker chooses to drive separately then he will not be reimbursed for miles driven (only the non-smoker gets reimbursed). Given Illinois laws are we at any discrimination risk? Are there other issues we should be concerned about?

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Ely

Counselor at Law

Juris Doctor

68,658 satisfied customers
I am a city employee in a small town.The public librarian.

I am a city employee in a small town.The public librarian. This year 5 other employees got a 50 cent raise and I got a quarter. When I asked the city clerk why, she wouldn't tell me and told me it was my fault for not coming to the meeting. I then asked the mayor and he met with me and said that at the council meeting one of the council members stated that I took too many smoke breaks and played games on the computer and didn't deserve 50 cents. This member has no idea what I do at my job.I quit smoking in February. I asked one of the library board members to go to the next council meeting and ask this city council member where he got his information from. Before the meeting could take place the mayor told the library board member that it would be wise to just drop this because if we don't the city will look in to cutting my hours and take away my insurance. Is this legal?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,354 satisfied customers
What are the laws concerning "smoking" breaks in NYC (less

What are the laws concerning "smoking" breaks in NYC (less than 50 employees). Must I allow them, must I pay for them? and what about the non-smokers getting equal time?

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Marsha411JD

Doctoral Degree

19,598 satisfied customers
If someone gets hurt off premises during a paid 10 minute

If someone gets hurt off premises during a paid 10 minute break, is the company liable for the injury? Also, is the company able to require employees to not leave the premises during a paid break (i.e. prevent them from leaving the property for a smoke break while on the clock?)?

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Loren

Juris Doctor

42,454 satisfied customers
Is this or automated bs. i'm having issues with employer but

Customer: is this for real or automated bs. i'm having issues with employer but don't want to talk to a computer about it. my email is***@******.***. thanks JA: Thanks. Can you give me any more details about your issue? Customer: i work for dod contractor ft hourly. i have two write-ups within a year, the first one was initiated by my employer, tasking me to extract red/black configurations without proper training or tools. I was told to "just do it." I did it and got a potential spillage violation. the second write up, i was tasked to a system, i took a smoke break during a critical time, however, i released the system to another competent employee but he took the smoke break with me after and now i'm going to be punished by suspension. my meeting with hr is tomorrow JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit? Customer: how long? JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Asad Rahman

Attorney

J.D.

4,512 satisfied customers
Not sure which option to chose. Ok, can a subornate employee

Not sure which option to chose. Ok, can a subornate employee be held accountable for the inaction or action of their supervisor? Where I am employed that is the rule. So subornate prepares a report as directed by their manager and their manager approves and signs off on the report which is then moved up the chain of command to the assis. dept.supervisor who does not like the report and wants changes and sends the report back to the subornate employee to make requested changes. If the report is now dreamed late, due to changes the assis. dept. supervisor wants the subornate employee is written up for late work product, however their supervisor do not receive any form of write up. Seven late work products in a year can result in the subornate employee being terminated. Is the subornate employee responsible for items that their supervisor did not require of them? The subornate performed as directed by their supervisor and their supervisor approved the work product, however the subornate employee is held responsible for items that were not communicated to then by a member of upper management. Can the subornate employee only be held accountable for following the directions of their manager and the subornate considered meeting deadlines once their manager approves and signs off on the work product?

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John

Attorney

Doctoral Degree

9,024 satisfied customers
We have a service company. We red an employee who is taking

We have a service company. We hired an employee who is taking 3 to 4 smoke breaks a day. They walk outside and smoke for about 5 to 10 minutes at a time. They are an hourly employee and they do not clock out when they do this. It is not fair to the otheremployees that do not smoke. What I can say to this employee legally about smoking and clocking out if they need to take a break. Is that even legal to ask?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,448 satisfied customers
We had an employee red, very gh stress job.. when she

We had an employee hired, for a very high stress job.. when she applied and interviewed. We told her that we could not hire a smoker because of the lung problems with our office manager..she said I am looking to stop smoking..he smoking increased as well as having to take smoking breaks.. she also had a weight problem that caused her to have a high blood pressuring moving from a low altitude to a higher altitude.. she has problems with aggression when told how to do her job. She had lied about going to a church luncheon..but had taken over an hour to apply at another job. In a conflict with a customer for which the owner should have dwelt with she got into the middle and finally walked out when he told her she needed to leave..she has since filed unemployment not detailing the entire truth. she was excepted for benefits..Do we have grounds to file an appeal..

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Ely

Counselor at Law

Juris Doctor

68,658 satisfied customers
We are a NJ employer. We have an employee that we are having

We are a NJ employer. We have an employee that we are having issues with:1) She is constantly on her personal cell phone texting her friend2) She is taking excessive smoking breaks3) She eats her lunch at her desk (at which time she is not working) and then she takes her 1/2 unpaid lunch4) She is not completing her work in a timely manner and her performance has gone from okay to poor5) We have spoken with her about all of the above 2 weeks ago, she asked if we were firing her to which we responded no but that the above concerns had to be discussed and correct.Following this discussion, the next day she called out sick and was out for several days and was due to return to work on May 1st, at which time she called and said that she was till under her doctor's care and she would not be able to return to work until May 14th. On her last day of work (prior to leaving) she cleaned out her desk of all personal possessions. We have used her sick days to pay her for the last 2 pay periods. She sent us a "doctor's" note from an Urgent Care facility which had no explanation as to her treatment or why she could not return to work.My question is can we terminate her employment.

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wallstreetfighter

Attorney

Doctoral Degree

18,350 satisfied customers
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