Can an employer allow cigarettes but not vapes?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer allow cigarettes but not vapes?

I recently started working at a manufacturing company and during training they asked if I was a smoker and I told them I had a vape. They then told me that if I wanted to work there I had to switch back to cigarettes or quit all together as only cigarettes were allowed on the property, no vapes or chewing tobacco, in the designated smoke areas. Their reasoning being that,

Asked on May 12, 2018 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless this mandate violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit, that is absent any form of legally actionable discrimination. And not being able to smoke a vape at work does not constitute such discrimination. Accordingly, you can either continue or complain about this policy but risk termination, accept the situation, or quit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption