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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: NEPA
No doubt that it is legal. The question is "Is it right?" An entirely different thing. I am a major proponent of companies doing the right thing as well as the legal thing.

One of those right things is not to change the rules after the game has begun. Another is not doing what they did to you.

One of the things I have learned over the years is that the corporate culture is at least as important as what you make for building a successful company. The thought process behind this move is troubling.

If I had any funds invested with Scott I would be pulling them about now.

101 posted on 11/29/2006 5:19:16 PM PST by Harmless Teddy Bear (Those who call their fellow citizens Sheeple are just ticked they were not chosen as Shepherds)
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To: IronJack

LOLOL!!! I hope you sent that!


102 posted on 11/29/2006 5:19:21 PM PST by Sisku Hanne (Taxsylvania's nice place to visit, but you wouldn't want to live here.)
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To: Young Scholar

An employer should be able to fire someone for what ever decisions they make.

This includes their decision to smoke, dye their hair, drag race or be a homosexual.


Each are choices.


103 posted on 11/29/2006 5:19:43 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: sergeantdave
Really? I did not know that.

Why is debbie stabenow still breathing?

104 posted on 11/29/2006 5:20:07 PM PST by patton (Sanctimony frequently reaps its own reward.)
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To: EagleUSA
Well, just another example of socialism working hard in the Peoples Republic of Mass -

Nope. I live 20 miles from Scott's world HQ in Ohio. It started in Ohio. We heard about it here over a year ago.

105 posted on 11/29/2006 5:21:42 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: NCLaw441
Not sure about the redheads only policy, since that has racil implications, but otherwise I agree.

Interesting point. I never thought of that. I guess if I changed that to black hair, I'd be okay. I was just trying to stretch my logic to the absurd to make a point.

106 posted on 11/29/2006 5:23:27 PM PST by highimpact
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To: GQuagmire

The guy should sue the bastids for the large amount of weedkiller chemicals in his urine that they didn't report.


107 posted on 11/29/2006 5:26:05 PM PST by ArtyFO (I love to smoke cigars when I adjust artillery fire at the moonbat loonery.)
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To: trumandogz

Exactly. What most people making the slippery slope argument here fail to realize is that each additional condition an employer demands reduces the available pool of workers a little more, forcing them to pay more or compromise on other factors. Some companies, like Scotts, may decide not to hire smokers, while others will likely take advantage of the availability of this group of workers and hire them. In a free market, there's no way smoking, or any other minor factor, will prevent someone from finding a job if he has the ability to be productive.


108 posted on 11/29/2006 5:26:05 PM PST by Young Scholar
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To: sergeantdave
Thanks, I must have missed that.
Has our renewed freedom been exercised?
109 posted on 11/29/2006 5:27:38 PM PST by magslinger (When Law enforcement enforce idiotic Laws of Bad Politicians there are no good guys.-Phantom Patriot)
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To: NCLaw441
You are exactly right. And if good workers don't want to work for you, you pay the price in the marketplace. If better workers DO want to work for you because of your policies, you win.

Nailed it.

110 posted on 11/29/2006 5:33:21 PM PST by highimpact
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To: traditional1

Oh, no, you can leave all the chains and padlocks on your refrigerator!

The telescreen will be mounted on the wall opposite from your fridge, to afford Big Brother an unobstructed view. A monthly tally of the number of times the fridge door is opened and closed will also be maintained. If the authorized total is exceeded, you will receive a midnight knock on the door from....

People's Food Comrade Richard Simmons!!


111 posted on 11/29/2006 5:33:47 PM PST by elcid1970
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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: MaxMax

Then DUI on caffeine.

Way to put your faith in socialism, sheeple. You have voted for your TOTAL ENSLAVEMENT. It's a sad day when the American slaves from the 1700s/1800s are more American than today's idiot sheeple.


113 posted on 11/29/2006 5:38:09 PM PST by bigdcaldavis (Xandros : In a world without fences, who needs Gates?)
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To: saganite

No those things should not weigh in on somebody's employment.

My philosophy is this : Show up to work on time. Give it your best. And if your best isn't good enough, you're fired.


114 posted on 11/29/2006 5:40:28 PM PST by bigdcaldavis (Xandros : In a world without fences, who needs Gates?)
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To: GQuagmire

Does the ban include disease carrying pole smokers?


115 posted on 11/29/2006 5:42:00 PM PST by ViLaLuz (2 Chronicles 7:14)
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To: GQuagmire

I certainly hope they paid him for 24 hours a day if they were directing his activity 24 hours a day.


116 posted on 11/29/2006 5:42:46 PM PST by King Moonracer (Bad lighting and cheap fabric, thats how you sell clothing.)
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To: magslinger

Forget about firing vegans because the neo-lib MSM wants you to believe a vegan diet, and ONLY a vegan diet, is "healthy" and "natural". Fire a vegan worker for being a vegan, and you will have MSM and PETA all over your ass.


117 posted on 11/29/2006 5:42:54 PM PST by bigdcaldavis (Xandros : In a world without fences, who needs Gates?)
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To: IronJack

I will not buy another Scott's product.

BUMP


118 posted on 11/29/2006 5:44:14 PM PST by King Moonracer (Bad lighting and cheap fabric, thats how you sell clothing.)
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To: Harmless Teddy Bear

You make a valid point. Now, how about employees? Should they be required to continue to work for an employer after, say, they receive expensive training? If an employee disagrees with an employer's political beliefs, should he be required to continue to work for the employer? If a boss takes up smoking (during after work hours only), must all employees continue to work for this boss, or should they be allowed to quit if they don't approve of smoking?

Most people have NO trouble with employees who discriminate. Most people, even conservatives, ignore the property rights aspects of this discussion. Employers own the business, and should be allowed to do with it what they please.


119 posted on 11/29/2006 5:51:11 PM PST by NCLaw441
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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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