I think you are wrong. This is a clear case of infringing on the rights of employees to pursue legal activities in their time away from work. The employer can control what happens in the work place and could probably make a case for setting this as a condition of employment but to institute the practice with existing employees and then terminate their livelyhood is despicable.
For whatever reason what if an employer decided everyone had to run a marathon, excercise ten hours a week and become a vegetarian in order to continue employment?
If I was in their shoes the phone line to my lawyer would be BURNING up!
Trust me, I am not wrong. Personal actions that are legal outside of business hours are and have been grounds for termination for years. Posing in Playboy is a legal activity... but it gets folks fired... as does acting in Porn films... having affairs.... etc etc etc....
Provided the policies exist, documented and enforced uniformly they are generally enforceable.
And even if say these 20 folks sue and get some judgement, the fact remains in the longer term view of the company, its still cheaper. From now on not a single smoker will be hired, which will keep their health care costs considerably, and over the lifetime of their policy will easily be an ROI that will beat out any pain these folks might cause them fiscally.
The risk of some short term pain, for long term benefit is ALWAYS a better move. More and more companies are going to do this, and smokers will either have to go start their own companies, a better thing to do anyway.. or they will be left on the sidelines whining.
For whatever reason what if an employer decided everyone had to run a marathon, excercise ten hours a week and become a vegetarian in order to continue employment?
I agree completely. This is the most important point in this discussion, and it seems to be lost on this thread.
The policy that existed when they were hired (regarding off time behavior)is the one they should be judged by. Changing the rules afterword and then firing them is despicable indeed. Disgusting behavior, despite whatever "family friendly, traditional values" culture they claim exists there.
I guess it won't be long before employers require their employees to have telescreens installed in every room of their homes and be fitted with GPS ankle bracelets as a condition of employment. Trust me......one day, employers will adopt "VEGANS ONLY" policy and will fire employees who consume ANYTHING non-vegan (including dairy and eggs).