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Mass. smoker sues over firing
Boston.com ^ | Wednesday, November 29, 2006 | Sacha Pfeiffer

Posted on 11/29/2006 3:01:47 PM PST by GQuagmire

A Buzzards Bay man has filed a civil rights lawsuit against The Scotts Company, the lawn care giant, which fired him after a drug test showed nicotine in his urine, putting him in violation of a company policy forbidding employees to smoke on or off the job

(Excerpt) Read more at boston.com ...


TOPICS: Culture/Society; Miscellaneous; US: Massachusetts
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To: MA~Bear
What people don't realize that we need to draw a line about how government will dictate our lives.

Agreed. But this action by Scotts is not government intervention, while any court action to stop it would be.

201 posted on 11/30/2006 12:52:16 AM PST by Young Scholar
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To: NEPA

you understand that next year they will give you until October to loose that extra 20lbs or they will fire you?

that's what happened here in michigan, also an at will state.

enjoy

:)


202 posted on 11/30/2006 12:53:00 AM PST by rickylc
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To: TheLion
Because it is a meritless suit, the courts should toss it, rather than find a "creative" interpretation of the law that will allow them to overturn Scotts' policy.

If you really have a problem with a policy like this, and feel the government should get involved, then pass a law banning companies from regulating employees' activites in their off-time. But such a law would be yet another restriction on business and the free market, something conservatives tend to oppose.

203 posted on 11/30/2006 12:56:45 AM PST by Young Scholar
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To: saganite
What about if you drink? Waht about if you get a speeding ticket? What about if you have guns in your house? What about if you're 150 lbs overweight? What if you're only 50 lbs overweight?

When you make an EMPLOYER responsible for your health care...that's what you get. If you have an account you CONTROL it's another matter.

204 posted on 11/30/2006 12:56:51 AM PST by paulat (about)
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To: paulat
And yet so many see this as the responsibility of employers, without realizing the consequences.

How much worse will it be when the government takes responsibility for our health care?

205 posted on 11/30/2006 12:59:23 AM PST by Young Scholar
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To: Young Scholar

I didn't pass a law banning activities off time....Scotts did. I could care less what people do off time. It is what they do at work that counts. Maybe you are starting to see the problem!


206 posted on 11/30/2006 1:00:49 AM PST by TheLion
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To: TheLion

Scotts passed no law, and you are free to ignore their rule as long as you don't take a paycheck from them. There is no need for government to get involved.


207 posted on 11/30/2006 1:03:10 AM PST by Young Scholar
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To: Young Scholar
How much worse will it be when the government takes responsibility for our health care?

You get it. If we have our own health accounts, which we control, we have influence on the marketplace.

208 posted on 11/30/2006 1:04:29 AM PST by paulat (about)
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To: Young Scholar

By being stupid enough to can this guy for smoking at home, they have invited the law. He sued....or did you not read the article.

Their right to ban smoking on the premises is justified. To take that into our homes is debatable.


209 posted on 11/30/2006 1:06:31 AM PST by TheLion
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To: TheLion
I didn't pass a law banning activities off time....Scotts did.

No they didn't. Scotts can't pass laws. Scott's has every right to make their own hiring/firing decisions, as long as they're consistent and they don't violate the exising federal/state laws.

I could care less what people do off time.

That's your decision to make as an employer, not as an employee.

It is what they do at work that counts. Maybe you are starting to see the problem!

You're advocating the SCUTUS passing laws restricting my hiring decisions outside of the existing protected classes? That's economic suicide. When the courts start deciding how I make my hiring decisions, whether I like smokers or not, it's going to be the end of capitalism, and America.

210 posted on 11/30/2006 1:09:35 AM PST by highimpact
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To: highimpact

Scott is the one giving an employee the opportunity to file suit. Had they not fired him for smoking off duty....there would be no suit.

I don't like government interfering in buisness either, but sometimes we need to be wise enough to prevent it.


211 posted on 11/30/2006 1:13:23 AM PST by TheLion
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To: saganite

it won't be 50lbs over wieght, it will be 20 or less, at least that's what they are doing at a company here in okemos, mi.

get to your proper wieght or you're gone.

so all you folks out there who have had a hard time losing wieght better realize your job may soon depend on it

:)


212 posted on 11/30/2006 1:15:18 AM PST by rickylc
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To: TheLion
Scott is the one giving an employee the opportunity to file suit. Had they not fired him for smoking off duty....there would be no suit.

You've never heard of a frivolous lawsuit? Just because a plaintiff files a lawsuit, doesn't mean the plaintiff wins.

I don't like government interfering in buisness either, but sometimes we need to be wise enough to prevent it.

How about our legislators being wise enough to enact laws that levy punitive damages for frivolous lawsuits?

213 posted on 11/30/2006 1:20:34 AM PST by highimpact
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To: rickylc
it won't be 50lbs over wieght, it will be 20 or less, at least that's what they are doing at a company here in okemos, mi.

get to your proper wieght or you're gone.

so all you folks out there who have had a hard time losing wieght better realize your job may soon depend on it

Let's assume that company in Okemos goes to the extreme, and says you have to be within 5lbs of ideal bodyweight, according to the most restrictive weight policies imaginible. How long do you suppose they stay in business, considering the reduced labor pool (there's only so many skinny people) and the poor public relations (Drudge headlines)?

214 posted on 11/30/2006 1:24:05 AM PST by highimpact
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To: highimpact

So I guess, you as an employer will worry about what I eat at home also, who I socialize with, etc. My health problems could cost you big time. Will you pass rules against it or will it just stay with cigarettes?


215 posted on 11/30/2006 1:25:09 AM PST by TheLion
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To: TheLion; Gabz

Something I never thought I'd see:

http://www.wral.com/news/10426670/detail.html


216 posted on 11/30/2006 1:27:06 AM PST by Howlin (Pres.Bush ought to be ashamed of himself for allowing foreign countries right on our borders!!~~Zook)
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To: TheLion
So I guess, you as an employer will worry about what I eat at home also, who I socialize with, etc. My health problems could cost you big time.

Employers, as a rule of thumb, will make hiring decisions based on the profitability (short- and long-term) of their decisions. If I decide I'm only going to hire people who have a life expectancy of 90 years (according to FDA recommendations, drug use, smoking habits, drinking habits, marital status, and dietary habits), then I'm drastically reducing my potential for profit. *Most* employers are smarter than that. Some are not. Those who are not, fail to stay in business. If you don't like the rules, start your own company and make your own rules. Until then, stop complaining about the rules.

Will you pass rules against it or will it just stay with cigarettes?

I'll stay with cigarettes as long as I want. If I decide I'm going to fire all my smokers, even the ones who make me money, then I make that decision at my own peril. Frankly, I'm all for keeping profitable employees, no matter what they choose to do in their free time.

217 posted on 11/30/2006 1:33:02 AM PST by highimpact
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To: TheLion

You're mistaking my argument. I'm not supportive of Scott's policy. I'm supportive of their right to create their own policy, and against the government intervening in their right to form their own policy.


218 posted on 11/30/2006 1:35:21 AM PST by highimpact
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To: Howlin

We damned well can't even bother to get out an vote for our political leaders as a nation, but we can sure as hell fire, ban smoking. That is one thing people can get excited about for sure!

People can't even see where this is heading.


219 posted on 11/30/2006 1:35:49 AM PST by TheLion
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To: highimpact
"Frankly, I'm all for keeping profitable employees, no matter what they choose to do in their free time.

I salute you for that!

220 posted on 11/30/2006 1:39:12 AM PST by TheLion
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