Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Soldiers fighting for right to smoke?
Townhall ^ | 04/20/2005 | John Stossel

Posted on 04/20/2005 7:49:38 AM PDT by VRWCmember

It's nice to hear Americans talk about privacy and fighting for their rights. But sometimes I have to say: Do you know what you're talking about?

In Okemos, Mich., a 71-year-old health nut named Howard Weyers runs a health-care benefits company called Weyco. Weyers thinks his employees should be healthy, too, so years ago, he hired an in-house private trainer. Any employee who works with her and then meets certain exercise goals earns a $110 bonus per month.

So far, so good. But then, in November 2003, Weyers made an announcement that shocked his staff: "I'm introducing a smoking policy," he said.

"You're not going to smoke if you work here. Period."

No smoking at work. No smoking at home. No nicotine patch or nicotine gum. The company would do random tests and fire anyone with nicotine in his system.

"Two hundred people in a room," Weyers recalls, "and they went at me."

"I yelled out," said Anita Epolito, "'You can't do that to me, it's against the law.'"

That's not true. In Michigan and 19 other states, employers have the legal right to fire anyone, as long as they don't violate discrimination laws (for age, gender, race, religion, disabilities, etc.).

Weyers gave his employees 15 months to quit smoking, and he offered assistance to help.

Today, he calls the policy a success. Twenty Weyco employees who smoked, stopped. Some of their spouses even quit.

But the four workers who didn't quit were fired, and they are furious.

"I'm just thrown out because this person decided, one day, this is what he wanted to do," said Epolito.

Virg Bernero, a Michigan state senator, wants to make such firings illegal. He helped publicize the fired Weyco workers' complaint -- in the process publicizing himself; he's expected to run for mayor of Lansing this year -- and now he's introduced a bill to prohibit employers from firing anyone for anything legal they do at home.

"What's it going to be tomorrow? That you['ve] got to lose a certain number of pounds . . . in order to keep your job?" Just as the law restricts discrimination on the basis of race or sex, he said, "we'll have an amendment for legal activities, for privacy outside the workplace. Because this goes too far."

Bernero's thinking is muddled. I think whether you smoke, get fat or go skydiving should be your choice. I say "Give Me a Break" to busybody politicians in New York and California who've banned smoking in every bar and restaurant. But there's a big difference between government banning things . . . and Howard Weyers doing it. We have only one government. When government bans something, it bans it for everybody in its jurisdiction. That's why the Bill of Rights limits government power. But Weyco is just one company. Its employees have other choices. There are other jobs available in Michigan.

Cara Stiffler has already found a "better" job but still told me it should have been illegal for Weyers to fire her. "I want my children to see that I stood up for my rights as an American. That's what . . . the men are over fighting in Iraq for, is my freedom."

Give Me a Break. Freedom includes the right to quit your job, but freedom also includes the right not to employ someone you don't want to employ. No one forced Stiffler and Epolito to work for Weyco. But now, they want to force Howard Weyers to employ smokers. He built the company. He owns the company. What about his freedom?

I asked Epolito if she "owned her job." No, she said, but "there's a relationship there."

There was a relationship, that's true. To put it simply, the relationship was that Weyers thought employing Epolito was a good thing and Epolito thought working for Weyco was a good thing. Weyers doesn't own Epolito; she's entitled to pursue her happiness, not his, and if that means smoking, that's her right. But Epolito doesn't own Weyers; he's entitled to live by his values, not hers, and if that means not employing smokers, that's his right. Government smoking bans take away our freedom. But all Weyers did was exercise his.

John Stossel is co-anchor of ABC News' "20/20" and the author of "Give Me a Break," just released in paperback.


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events
KEYWORDS: businessrights; employmentatwill; freedomofcontract; nannystate; privateproperty; pufflist; smokingbans
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-116 next last
This is an interesting piece by Stossel. There are some intesting points of debate here, such as whether or not the government should have the power to force an employer to employ smokers, what other activities an employer would have the ability to restrict as a condition of employment, and what are the basic rights that our soldiers are fighting for (as discussed by one of the airhead women interviewed for the article). I wanted to see what was being discussed on this article and was surprised when a search did not turn the article up at all. So I am posting it to see what kind of comments and discussion it will generate.
1 posted on 04/20/2005 7:49:40 AM PDT by VRWCmember
[ Post Reply | Private Reply | View Replies]

To: Gabz; Conspiracy Guy

Gabz and CG, I'm interested on your take on this column. As you both know, I usually stay away from the smoking threads, but when I read this column at Townhall.com I wondered what people were saying about it over here. I found that it had not yet been posted, so I posted it to see what kind of discussion would follow.


2 posted on 04/20/2005 7:54:03 AM PDT by VRWCmember
[ Post Reply | Private Reply | To 1 | View Replies]

To: SheLion

PONG


3 posted on 04/20/2005 7:55:49 AM PDT by kingattax
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember
Brings a new meaning to the phrase "conditions of employment"

If you don't like it move on
4 posted on 04/20/2005 7:57:32 AM PDT by PureTrouble
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember
Even though you searched, if would've been close to impossible to find this duplicate thread. The headline that Jewish World Review used was The right not to employ someone
5 posted on 04/20/2005 8:04:17 AM PDT by DumpsterDiver
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember

I smoked 20 years and told my wife "this is killing me, I know it." I never lit another one, no gum, no patch just one day at a time. I was soooooo hooked and if I could do it ANYBODY could do it.


6 posted on 04/20/2005 8:04:26 AM PDT by sierrahome (Sign at the Kennedy compound reads: "Trespassers will be violated")
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember
---Michigan and 19 other states, employers have the legal right to fire anyone, as long as they don't violate discrimination laws--

Nevada includes smokers in the state civil rights code--FYI

7 posted on 04/20/2005 8:05:12 AM PDT by rellimpank (urban dwellers don' t understand the cultural deprivation of not being raised on a farm)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember

AS far as I am concerned he is within his rights as a business owner. No one has to work there?


8 posted on 04/20/2005 8:06:28 AM PDT by Conspiracy Guy (Caution. Contents under pressure.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: VRWCmember

>>>>The company would do random tests and fire anyone with nicotine in his system.

And what happens to people that eat potatoes, tomatoes, eggplant and red peppers???????


9 posted on 04/20/2005 8:12:48 AM PDT by Calpernia (Breederville.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VRWCmember

There is another thread on it - but that one is only an excerpt.

I don't like the guy's policy - but defend his right to it.

I agree with Stossel that this is not the government doing it, but a private employer. I do not wish to see additional government restrictions on private businesses - so many here scream about how everything in Walmart is made inn China and other businesses are outsourcing to India - wel guess what - it's because of over regulation of business.

Don't get me wrong, I realize a certain amount of government oversight is needed - but there has to be limits on it.


10 posted on 04/20/2005 8:13:50 AM PDT by Gabz (My give-a-damn is busted.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Gabz

I agree with you Gabz.


11 posted on 04/20/2005 8:15:01 AM PDT by VRWCmember
[ Post Reply | Private Reply | To 10 | View Replies]

To: Calpernia

I have tried that question in regard to this guy's testing before and have basically been laughed at.......

But I get your point.


12 posted on 04/20/2005 8:15:34 AM PDT by Gabz (My give-a-damn is busted.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: VRWCmember
The company would do random tests and fire anyone with nicotine in his system.

Can they force you to give up your 4th Amendment rights? I doubt it. Drug testing is only allowed under certain conditions even though it should be illegal period (another SCOTUS screwup).

The company obviously has decided it wants an adversarial relationship with its employees. This is the standard union-management struggle that I would not like to work under. Obviously the employer is not concerned with having a trust relationship with the employees so they would not feel the slightest bit of loyalty to the employer.
13 posted on 04/20/2005 8:16:48 AM PDT by microgood
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gabz

You shouldn't be laughed at. You will test positive for nicotine from eating them. They, including tobacco, are all from the nightshade plant family.


14 posted on 04/20/2005 8:16:56 AM PDT by Calpernia (Breederville.com)
[ Post Reply | Private Reply | To 12 | View Replies]

To: sierrahome

And what does that have to do with legal activities, off the clock, being limited by employers???


15 posted on 04/20/2005 8:19:46 AM PDT by JoeSixPack1
[ Post Reply | Private Reply | To 6 | View Replies]

To: Calpernia

shhhhhh. Don't point out that other plants contain nicotine!


16 posted on 04/20/2005 8:21:53 AM PDT by Conspiracy Guy (Caution. Contents under pressure.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: VRWCmember

I figured you would.

I am far more interested in private property rights than smoking and this to me is just focussing on smoking when it shouldn't be at all.

These disgruntleld employees are looking for Big Brother to solve a personal issue and I don't like it. Such a law as being suggested in the article will hit ALL businesses and not this one at all.

I have no problem with the guy getting publicity - for good or bad - but I dislike this in that it is paving the way for BIGGER big brother on everyone.


17 posted on 04/20/2005 8:22:04 AM PDT by Gabz (My give-a-damn is busted.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Gabz
I agree with Stossel that this is not the government doing it, but a private employer<<

This is the Governments fault. I say that it is our Government, the Government that supposedly protects the rights of its citizen, who have led people, shown people, and opened the door for people to violate the freedoms of others.

Our Government is teaching and advocating intolerance of legal activities and the intolerance and demonetization of those who indulge in them.
18 posted on 04/20/2005 8:25:34 AM PDT by Iron Matron
[ Post Reply | Private Reply | To 10 | View Replies]

To: Calpernia; lockjaw02

Believe me - I know that, which is why I have been bringing it up for years. I get hit with ridiculous quantities of those veggies that must be eaten to equal the nicotine content of one cigarette.

My buddy Lockjaw has done extensive work on the issue of testing for nicotine, which actually can't be tested for - it is a by product of nicotine - serum cotinine - that I believe what is tested.

lock, old buddy - can you help me out here????


19 posted on 04/20/2005 8:25:55 AM PDT by Gabz (My give-a-damn is busted.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Gabz

But this is a private employer using his power as an "Employer" to limit standard constitutional freedoms while not on his property or performing job related duties, etc.

He's basically creating a scenario of full time employment regulation (24/7) which superscedes constitutional guarantees of freedom, in return for a 40 hour paid work commitment.

The employers rights should stop at the time clock. Medical insurance may also have to stop there.

This thing is just warming up. Break out the popcorn. :-)


20 posted on 04/20/2005 8:27:54 AM PDT by JoeSixPack1
[ Post Reply | Private Reply | To 10 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-116 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson