How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Can a person be fired a smoker - she does not smoke in any

Customer Question

Can a person be fired for being a smoker - she does not smoke in any designated areas and has been employed there for 11 years
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Yes, a person can be terminated for being a smoker because smoking is not a protected class, unlike race, religion, gender, age, disability or recent FMLA use. Those classes have a statute which specifically makes it illegal to terminate someone based on that, but being a smoker is not protected in that way.

So, the only way an employee could be protected in that situation is if they had an employment contract that they signed which stated they could only be terminated for "cause" and the definition of cause didn't include being a smoker.