QUESTION
Can my employer tell me not to smoke during my break if I am not on work property?
Asked on Jan 06th, 2016 on Labor and Employment - Pennsylvania
More details to this question:
I have been with my employer for almost two years. This week, she informed me through our new employee handbook that smoking is not permitted during work hours (including during my breaks). Is this allowed? I am in the state of PA. Also, I pay for my own health insurance. Essentially, my boss said I am not to smoke during business hours or on business trips.
1 ANSWER
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Probably not but it depends on whether smoking has any reasonable connection to your job. For example, if you were a perfume sales person and the smell of smoke on your clothing detracted from performing job duties or if you worked in an anti-smoking program and you smelled like smoke while working with customers/patients, then I think the rule would be reasonable and enforceable. Otherwise, if you violate this rule and are fired, you won't have any claim for wrongful termination but you may be successful in getting unemployment compensation. There are no laws protecting smokers otherwise.
Answered on Jan 06th, 2016 at 11:49 AM