Is it legal if when we come back from a break and someone smells cigarette smoke on us, we will be sent home?

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Is it legal if when we come back from a break and someone smells cigarette smoke on us, we will be sent home?

This applies to all smokers at my place of employment but it doesn’t sound legal to me. There is a smoking area for the employees and until recently there hasn’t been any issues. Is it legal to send us home if they smell smoke?

Asked on September 16, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is legal, unless you have a written employment contract to the contrary. Without a written employment contract, you are an employee at will, and an employer may send home or suspend demote even terminate an employee at will at any time, for any reason, even for smoking or smelling of cigarette smoke. Employees at will essentially do not have any rights in or two their jobs, and so employers can do whatever they like to them about their employment.


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