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fired for ridiculous company policy

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Hubbart

Junior Member
Hi my name is morgan, I'm in Orem, Ut

I was just recently highered by trafalga family fun center. i filled out all the paper work (witch included a paper saying that they can fire me for whatever reason during the probationary period) and later came in to work last Friday. The manager toled me that he could smell smoke on me and did not realize that i smoke and should have not been highered to begin with. He sent me home and said that i can pick up a check for an hour of work in a week.
Also that if i quit smoking they might let me have the job.

i was just wondering if they can do that?
 


Antigone*

Senior Member
Hi my name is morgan, I'm in Orem, Ut

I was just recently highered by trafalga family fun center. i filled out all the paper work (witch included a paper saying that they can fire me for whatever reason during the probationary period) and later came in to work last Friday. The manager toled me that he could smell smoke on me and did not realize that i smoke and should have not been highered to begin with. He sent me home and said that i can pick up a check for an hour of work in a week.
Also that if i quit smoking they might let me have the job.

i was just wondering if they can do that?
Yes they can. Being a smoker is not anywhere close to being in a protected class.
 

Hot Topic

Senior Member
Sure they can. There are many people who have a hard time being around smokers not only because of their breath, but the fact that smoke penetrates clothing.

Many businesses don't allow customers to smoke, and there are many people who thank them for it.

Besides, you got a paper alerting you that they could fire you for any reason during the probationary period.
 
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pattytx

Senior Member
And they didn't have to GIVE you said paper. You are automatically an "at will" employee in Utah (and every other state except Montana, and sometimes even there) unless you have a bona fide employment contract to the contrary.
 

Betty

Senior Member
Agree with Patty & you're an "at-will" employee in Utah* even after the probationary period is up. (minus a binding employment contract to the contrary)

*& every other state except Montana & sometimes there

Your employer did nothing illegal. Sorry.
 

cbg

I'm a Northern Girl
Just for clarification - there ARE some states where whether you are or are not a smoker is protected (not so much that smokers are protected but that use or non-use of tobacco is - it works both ways). However, Utah is not one of those (rare) states.
 

Betty

Senior Member
Agree, cbg. I checked Utah out - no protection. I could have though, as you did, mentioned re a few states protecting "smoker/non-smoker" for clarification.
 

mlane58

Senior Member
There are twenty-nine states and the District of Columbia that have laws in effect elevating smokers to a protected class.
 

ShyCat

Senior Member
Even if OP was in a state where smokers were a protected class, the termination could still be legal as not meeting reasonable grooming standards (i.e., reeking of smoke).
 

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