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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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1 posted on 11/29/2006 3:01:48 PM PST by GQuagmire
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To: Eaker; humblegunner

ping


2 posted on 11/29/2006 3:03:09 PM PST by thackney (life is fragile, handle with prayer)
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To: GQuagmire

...putting him in violation of a company policy forbidding employees to smoke on or off the job....
-----
Well, just another example of socialism working hard in the Peoples Republic of Mass --- trying to control what a person does when not on the job -- Karl Marx is smiling.


3 posted on 11/29/2006 3:03:55 PM PST by EagleUSA
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To: GQuagmire

Good for him, I hope he can win!


4 posted on 11/29/2006 3:04:17 PM PST by blues_guitarist (I'm black so I can say it! . . . LOL!! . . . Hey Kool-aid!!!! . . . As in the days of Noah!)
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To: GQuagmire

Condition of employment? That's what contracts are about.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns. NRA KMA


5 posted on 11/29/2006 3:05:48 PM PST by dhuffman@awod.com (The conspiracy of ignorance masquerades as common sense.)
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To: EagleUSA

Well, just another example of socialism working hard in the Peoples Republic of Mass --- trying to control what a person does when not on the job -- Karl Marx is smiling.


Employers should be greatly concerned about how employees perform their jobs and what happens in the workplace, but how employees want to lead their private lives is their own business," said Boston lawyer Harvey A. Schwartz, who represents Scott Rodrigues in his lawsuit against Scotts, which is based in Marysville, Ohio.


6 posted on 11/29/2006 3:07:17 PM PST by GQuagmire
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To: GQuagmire

Poor company policy >>>----> Law suit >>>----> Press coverage >>>----> Lost sales among smokers


7 posted on 11/29/2006 3:07:18 PM PST by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: GQuagmire
I read the article.

No mention that non-smokers and other healthy people have to pay higher insurance premiums at work for people like Rodrigues who smoke, or who eat like pigs are therefore weigh 400 pounds.

Where are the FReepers who argue that Massachusetss is an at-will employment state? Scott has the right to hire and fire whom they want to.

And Scott has the responsibility to be fair to all employees who want lower health care costs.

8 posted on 11/29/2006 3:11:26 PM PST by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: EagleUSA
I work for Scotts.

The company announced this policy over a year ago. They gave smokers until Oct 1 of this year to quit. The company offered to pay for any program an employee chose to stop smoking.

I don't smoke and I don't agree with the policy but it is a private company, not government, and they should be able to hire and fire anyone they want to within reason.

9 posted on 11/29/2006 3:13:14 PM PST by NEPA
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To: GQuagmire

I suppose some accounted figured that health insurance for non-smokers is cheaper, or some such thing.

Companies have a right to set their policies, if they are understood from the time of hiring. But this is pretty ridiculous. Reminds me of the employment situation in Kurt Vonnegut's "Player Piano."


10 posted on 11/29/2006 3:13:55 PM PST by Cicero (Marcus Tullius)
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To: Responsibility2nd

Agreed. I am a smoker,if my company made me pay extra because I smoke ,I wouldn't complain.(If the policy were there before I started.)I wonder where the line will be drawn.


11 posted on 11/29/2006 3:16:31 PM PST by GQuagmire
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To: GQuagmire
Until this point "Civil Rights" has only covered circumstances that are beyond the control of a person such as race, ethnicity and physical disability. Thus if the plaintiff were to win this suit Civil Rights Protections will be extended to things that are voluntary such as smoking and sexual orientation.
12 posted on 11/29/2006 3:16:38 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: GQuagmire
...putting him in violation of a company policy forbidding employees to smoke on or off the job....

That's outrageous. Smoking is not illegal and discriminating against someone for smoking at home is crazy. What you do in your private life that doesn't interfere with your ability to do your job should be no employers business.

13 posted on 11/29/2006 3:16:45 PM PST by MovementConservative (Getting back to principled conservatism.)
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To: GQuagmire

So, on the same premise as firing a smoker....shouldn't it be legal to fire someone who is HIV-positive?


14 posted on 11/29/2006 3:16:58 PM PST by atomicpossum (Replies must follow approved guidelines or you will be kill-filed without appeal.)
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To: Responsibility2nd

Smokers are good for the US treasury. The more they smoke, the less taxes I have to pay.


15 posted on 11/29/2006 3:18:38 PM PST by MovementConservative (Getting back to principled conservatism.)
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To: GQuagmire
a drug test showed nicotine in his urine

This could be interesting. He should claim that the nicotine got there from second hand smoke. Then we can break out the popcorn while the company lawyers call to the stand expert witnesses who testify that the second hand smoke danger is a myth, and defense lawyers counter with experts who swear it is a clear and present danger. This trial can have no bad outcome. If the defense wins the guy gets his job back plus back pay. If the company wins the second hand smoke myth is blown sky high.

16 posted on 11/29/2006 3:21:18 PM PST by layman (Card Carrying Infidel)
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To: atomicpossum
HIV is not a choice whereas smoking and sexual orientation are choices. Therefore, you could fire a gay smoker but not a person that has HIV.
17 posted on 11/29/2006 3:21:32 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: MovementConservative
That's a good point.

Kinda like the lottery. Which is a voluntary tax on stupid people.

18 posted on 11/29/2006 3:22:05 PM PST by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: GQuagmire

DUI of Nicotine is next.


19 posted on 11/29/2006 3:24:08 PM PST by MaxMax (God Bless America)
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To: layman
Second-hand smoke, sure.

And I was thinking snuff or chewing tobacco.

Does Scotts have a policy against smokeless tobacco?

I'm betting they do.

20 posted on 11/29/2006 3:24:30 PM PST by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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