Can an employer that once had designated smoke areas suddenly change the rules and have no smoking areas, ban it from the property, and fire smokers?
Question Details:
Yes, an employer may freely do this. Employers set workplace rules, and may change them at will--they may absolutely ban smoking at any time. Furthermore, since smoking is not protected under the law, the employer could terminate any smokers it wished to, so long as:
1) The smokers did not have employment contracts protecting their employment; or
2) The termination of smokers was not a "smokescreen" for illegal discrmination, such as against employees on the basis of race, sex, religion, age over 40, or disability--for example, if all the "smokers" fired are African American, or aged 50+, then there may be illegal discrimination going on.