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To: Gene Eric
his appears to an egregious violation of his rights especially if the plaintiff is not in violation of any law.

It has nothing to do with the law. It has to do with an "at will" employment contract. The employee and employer have the right to terminate employment for any reason or no reason. In this case, the company made a no smoking policy and set a "drop dead" date for compliance. They provided a means to comply. This employee chose not to comply. He violated his employee contract. The company is completely within their contractual rights.

I work with an "at will" contract. It's been that way for 30 years. Both states where I've been employed are also "right to work" states. I can't be forced to join a union as a prerequisite to be employed. Freedom and responsibility. I'm not obligated to remain with my employer if I choose to leave either. Some people "owe" the company for "training". They aren't free to leave without compensating the company or "working it off". That was a common occurrence for employees of Electronic Data Systems.

112 posted on 11/29/2006 5:35:12 PM PST by Myrddin
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To: Myrddin
It has nothing to do with the law. It has to do with an "at will" employment contract. The employee and employer have the right to terminate employment for any reason or no reason..

"Any" reason isn't exactly correct, because "certain" reasons (race, religion, etc.) are protected. Otherwise, your post is spot on. You're better off as an employer to give "no" reason for employment termination to protect yourself from federal/state laws.

120 posted on 11/29/2006 5:52:14 PM PST by highimpact
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To: Myrddin
>>It has nothing to do with the law. It has to do with an "at will" employment contract.

Given the "at-will" provides for discharge "for any reason – or no reason at all", it appears the guy should have quit smoking; however, in the business climates I'm familiar with, the action wouldn't stand. The "at-will" appears to be a creature of the 19th Century. I came across this page which speaks to At-Will Employment in some detail:

http://www.rbs2.com/atwill.htm (target=>'_blank')
148 posted on 11/29/2006 10:22:11 PM PST by Gene Eric
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