US staff sacked over smoking ban

[magicbastarder]

Four workers in the United States have been sacked after refusing to take a test to determine if they were smokers.

They were employees of Michigan-based healthcare firm Weyco, which introduced a policy banning its staff from smoking - even away from the workplace.

The firm says it is to keep health costs down and has helped 14 staff to stop smoking, but opponents say the move is a violation of workers' rights.

If the firm survives a potential legal challenge, it could set a precedent.

Weyco gave its staff a stark ultimatum at the end of last year - either stop smoking completely on 1 January or leave their jobs.

The firm says that, as its business is to help other firms save money and improve employee health through its benefit plans, it is only natural it should take a lead on the issue.

"For every smoker who quits because of it, there will be many people - family members, friends, co-workers - who are very thankful the person won't be going to an early grave," said Weyco President Howard Weyers, in a message on its website.

http://news.bbc.co.uk/2/hi/americas/4213441.stm

can't see this being upheld in court.

[K]

nice. perhaps the company could build little houses for everyone in safe communities and provide them with their meals and put a big bubble over it and they'd have the perfect healthy staff.

[magicbastarder]

well, i'd say it'd be hard to enforce in a contract, let alone imposing that rule on existing employees with no sign of a smoking clause in their contracts.

[Sine Qua Non]

I once worked for a company who tried to enforce a smoking ban on employees during the day. i.e. they would pull you up even if you smoked in your lunch hour away from the office.
Didn't stay there long

[damnnamething2001]

I guess if they are going to go that route...might as well test for alcohol too, after all, it causes liver damage. Oh, and drugs of course. And maybe thay can ban them from riding motorcycles, or skiing or any other hobby that might result in injury. No chance this will stand up.

[K]

Do most employees in the US have contracts? I can't remember ever signing an employment contract unless it was when I worked at the park when I wa 20 in the summer.

[dirtydog]

*Lights up another Marlboro*

go ahead, fire me for doing something legal in my own time.

i'll see you lot in court.

[Conchial]

I guess if they are going to go that route...might as well test for alcohol too, after all, it causes liver damage. Oh, and drugs of course.

Standard practise in a lot of Europe

[hi]

Do they allow them to drink?

[Drifter2]

I guess if they are going to go that route...might as well test for alcohol too, after all, it causes liver damage.
Do some companies test for excessive alcohol consumption? I have a vague recollection of reading that somewhere.

[Conchial]

Esso /Exxon in Alexandria Basin sure do. Regular spot checks on all personnel , drivers and operators and admin staffers alike.

Ibm/Dell/Microsoft/Symantec in Dublin all do pre employment medicals (i.e Tox Screen) and have contractual stipulations concerning alcohol consumption.

Nokia and many others in Finland send people for a full pre employment psyche eval as well as tox screens and regular fitness checks. Technomen is one company that offers full counselling and support including up to a year off work to assist alcoholics get with the program , also offer financial incentives to quit smoking.

I could go on and on and on with this list. ?

[magicbastarder]

i did a drugs test during an interview process for IBM.

[hi]

Were they clean?

[magicbastarder]

they never sent the the results. i was offered the job, but turned it down.

[Conchial]

i did a drugs test during an interview process for IBM.


I guarantee you you were only ever told unofficially it was a drugs test. You will not find that in any of their literature. Its always referred to as a medical . Reason being that it is illegal to discriminate , and thats the trick with making them PRE employment. Any reason can be given for failing to get past interview.

[hi]

I was implying you performed the test rather than underwent it.

[magicbastarder]

I guarantee you you were only ever told unofficially it was a drugs test. You will not find that in any of their literature. Its always referred to as a medical . Reason being that it is illegal to discriminate , and thats the trick with making them PRE employment. Any reason can be given for failing to get past interview.
well, i had to give a urine sample. pretty pointless saying it's not a drugs test.

[Conchial]

oh and if you used the IBM doctor in Rathmines he simply threw your sample away , he never does the labs and just certifies everyone clean.

[magicbastarder]

i gave the sample in damastown, was a nurse who took it.

[Conchial]

well, i had to give a urine sample. pretty pointless saying it's not a drugs test.

If you were ever to take a suit against them or any of the others , yo will find out pretty quick smart that Urine Tests can be for any number of things and that the dipstick measurement is just a belt and braces "oh my ! Who knew ?! " procedure. Its an unwritten rule , particularly amongst the multinationals.

God when I think about the number of bottles I've pissed in to get work. Hmmmmm... maybe there's a career in that ?

[K]

Do most employees in the US have contracts? I can't remember ever signing an employment contract unless it was when I worked at the park when I wa 20 in the summer.

don't make me use one of every kind of post listed in the other thread!

but, answer my question damn it! do you guys have contracts? I know I've worked in small orgs lately but I once worked at Amoco/BP Amoco/bp and I didn't have anything other than an offer letter detailing the financials as I recall. The employment was at will as described in the employee manual so either of us could terminate the relationship at any time (with the exception of federally protected situations) to the best of my knowledge.

[magicbastarder]

i've had a contract in both permanent jobs i've had since leaving college, and i had one for a two month summer job in symantec. which was insanely long given i was working on the factory floor.

[K]

I figured most EU people would (not that you were EU that whole time) from all the contract and labor rights talks in Work Sucks but I'm curious if it's different here. And maybe I'm making a false assumption about the EU too.

[murph2]

No K, there are almost no contracts in the states.

[magicbastarder]

my contract with symantec stated that any invention i invented during my employment automatically became the property of symantec.
not when i'm earning £4.25 an hour.

[murph2]

Well there's those types of contracts, but they rarely hold up in court.

[Conchial]

my contract with symantec stated that any invention i invented during my employment automatically became the property of symantec.
not when i'm earning £4.25 an hour.


I've had that clause in every contract I've ever signed (including my own at Symantec(SARC in case youre interested MB ) even had it when I started project work in college , which sucked because millipore and the college went on to patent one of the tecniques I invented for extracting lysozyme from rainbow trout mucus.

I have had contracts in the states too , i believe that there are certain states which are 'work at will' TN is one of them. Never quite understood the ins and outs .

[K]

My understanding is that it's basically I can leave when I want without notice and you can get rid of me when you want without severance. Of course there are areas an employee can contest--whistle blower laws, discrimination for gender, race, handicap, pregnancy...but overall we don't you nothing and you don't owe us nothing. It seems that the worker has much more protection in Europe but also more limitations--have to work for 6 weeks after notice posts I've seen, etc.

[K]

Which makes me wonder--why are there ever severance packages here? Image? Reputation for future hiring? Which would be similar reasons to why a worker would give notice I suppose.

[Conchial]

My understanding is that it's basically I can leave when I want without notice and you can get rid of me when you want without severance. Of course there are areas an employee can contest--whistle blower laws, discrimination for gender, race, handicap, pregnancy...but overall we don't you nothing and you don't owe us nothing. It seems that the worker has much more protection in Europe but also more limitations--have to work for 6 weeks after notice posts I've seen, etc.


Pah !

Try Sweden , it is virtually impossible to get fired. Its far, far too expensive an option for any company

[ArseBurger]

Pah !

Try Sweden , it is virtually impossible to get fired. Its far, far too expensive an option for any company

Same in Ireland actually. Once you've been employed by a company for one year that is...

[AeroPhile]

Four workers in the United States have been sacked after refusing to take a test to determine if they were smokers.

They were employees of Michigan-based healthcare firm Weyco, which introduced a policy banning its staff from smoking - even away from the workplace.

The firm says it is to keep health costs down and has helped 14 staff to stop smoking, but opponents say the move is a violation of workers' rights.

If the firm survives a potential legal challenge, it could set a precedent.

Weyco gave its staff a stark ultimatum at the end of last year - either stop smoking completely on 1 January or leave their jobs.

The firm says that, as its business is to help other firms save money and improve employee health through its benefit plans, it is only natural it should take a lead on the issue.

"For every smoker who quits because of it, there will be many people - family members, friends, co-workers - who are very thankful the person won't be going to an early grave," said Weyco President Howard Weyers, in a message on its website.

http://news.bbc.co.uk/2/hi/americas/4213441.stm

can't see this being upheld in court.

So when are they bringing in the getting hit by a truck ban?

[Sine Qua Non]

And the 'being related to someone with heart disease thus raising the possibility of you suffering from it as well' ban

[cadence]

millipore and the college went on to patent one of the tecniques I invented for extracting lysozyme from rainbow trout mucus.



I guess there is something fishy about that all right.

[AeroPhile]

I sea what you mean....

[fig]

better than a slap in the head with a wet fish.