CanI be fired for a few relapses after signing a tobacco free form?

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CanI be fired for a few relapses after signing a tobacco free form?

Several months ago I signed a form stating that I would be tobacco free by a certain date. I was very serious about quitting and have been smoke free for at least 3 months. Quitting was harder than I thought and I had a few relapses in the beginning. In the form it stated that if Iwere to have a relapse that I would report it. I didn’t. Now I am under investigation and there could be some video of me smoking.

Asked on February 15, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To begin with, if you don't have an employment contract (including a union agreement) protecting or guarantying your job in some fashion, you could, unfortunately, be fired at any time, for any reason--including a lapse in regard to tobacco.

Even if you did have an employment contract, from what you write, you have violated another agreement which you entered into in regards to not using tobacco. While you should bring that and the other contract (if you have one) to an employment law attorney to review, on the face of it, violation of the tobacco-free agreement could provide grounds for termination, even if you were otherwise protected by an employment contract.


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