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

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Can a person be fired...
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: 2 years ago.Category: Employment Law
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Answered in 2 minutes by:
11/27/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,431
Experience: Employment/Labor Law Litigation
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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.

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Experience: Employment/Labor Law Litigation

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