Employee Rights
Question Details: My employer enacted a policy of no smoking on company property. 1. The company provides two, 15 minute breaks for employees at full pay. 2. They require you to clock-out when you leave property, stating that they will be held responsible if you are injured while clocked-in. 3. Workman's compensation only covers injuries that occur while on the job AND performing a job related task. 4. While smoker's have no legal laws. 5. Isn't it illegal for the company to provide paid breaks for some and unpaid breaks to others, regardless of whether they are on company property?
The quick answer is an employee in Florida does not have a right to smoke anywhere if the employer forbids smoking.
In Florida an employer can enact a no smoking policy in the workplace, even if you are on break and on company grounds. In fact, an employer can enact a policy that forbids employees to smoke, even if it is on their own time, even when they are in their own home, and if the employer finds out the employee still smokes, the employee can be fired.
In Florida an employee is considered an employee-at-will, which means the employee can work for the company, or not, at will. In turn, the employer can fire the employee for any reason or no reason whatsoever, as long as the firing does not violate an employee's civil right. There is no civil right to smoke. The exception is when the employee has a contract that states he/she can only be fired for just cause. These are typical in a union collective bargaining agreement (Contract) and sometimes high level employees such as CEO's negotiate these types of contracts.
