futuremsselsman
Junior Member
What is the name of your state (only U.S. law)? Florida
I have been working for my employer for about 1 1/2 years without any issues. Throughout this time, I have smoked cigarettes daily and have smoked in the same location. This location is an open courtyard in between the building I work in and the building adjacent to our building. The courtyard is scattered with benches and ashtrays.
On Tuesday of last week, it was raining. I decided to smoke about 10 feet in front of the door to our building, as I have witnessed may, many people doing throughout the last 1 1/2 years. 2 of my co-workers were also standing there, but walked inside a couple of minutes after I walked outside. I was talking on my cell phone when the property manager started screaming at me that I could not smoke there. She pointed out the "no smoking" sign, which I had never noticed, and stated that I could be fined. She basically told me at that point that I would have to smoke in the rain. I told her that I would not stand in the rain, and I put my cigarette out in front of her and walked away.
I was told by my boss upon arriving back at my desk that the property manager was "reporting" me and I would be fined $750.
I thought the issue was over, and I continued to smoke in my normal location. On Friday, I was smoking as far awar from the lobby door as possible (still in my usual area in between the buildings). The property manager walked outside to look for me, and walked back inside once she saw me. About 5 minutes later, my HR manager walked outside and told me that I was not allowed to smoke there.
I subsequently went to the HR managers office to discuss the entire situation to her. I explained my side of the story, and she then told me that anyone who does not smoke in the designated smoking area could be fined (that smoking area is in a completely different location on the property). I told her that I was never made aware of this, and she told me that the smoking policy is posted in the kitchen (I have confirmed that the policy is posted in the kitchen, however I was never made aware that this is where the smoking policy is). My company sent an email to everyone after the situation on Friday that explained the smoking policy and the applicable fines.
I was told that since Friday's instance was the second occurance, I would be fined an additional $2000. I looked up the FL smoking laws, and based on what I read, if a company is found in violation, they first receive a warning, and the first offense after is $750, and then $2000 for any subsequent offenses. An individual is fined no more than $100 for their first offense. Is the property manager correct with the amounts that she is supposedly fining me? If my employer is fined (versus myself being fined directly), can they payroll deduct this, or can they sue me? Is this a situation where I need a lawyer? If so, when should I consult with one? Can my employer terminate me because of this, and take the stance that I caused the termination, so that they do not have to pay for my unemployment?
I am just trying to think of worse case scenarios so I can be adequetly prepared. Any feedback is much appreciated.
I have been working for my employer for about 1 1/2 years without any issues. Throughout this time, I have smoked cigarettes daily and have smoked in the same location. This location is an open courtyard in between the building I work in and the building adjacent to our building. The courtyard is scattered with benches and ashtrays.
On Tuesday of last week, it was raining. I decided to smoke about 10 feet in front of the door to our building, as I have witnessed may, many people doing throughout the last 1 1/2 years. 2 of my co-workers were also standing there, but walked inside a couple of minutes after I walked outside. I was talking on my cell phone when the property manager started screaming at me that I could not smoke there. She pointed out the "no smoking" sign, which I had never noticed, and stated that I could be fined. She basically told me at that point that I would have to smoke in the rain. I told her that I would not stand in the rain, and I put my cigarette out in front of her and walked away.
I was told by my boss upon arriving back at my desk that the property manager was "reporting" me and I would be fined $750.
I thought the issue was over, and I continued to smoke in my normal location. On Friday, I was smoking as far awar from the lobby door as possible (still in my usual area in between the buildings). The property manager walked outside to look for me, and walked back inside once she saw me. About 5 minutes later, my HR manager walked outside and told me that I was not allowed to smoke there.
I subsequently went to the HR managers office to discuss the entire situation to her. I explained my side of the story, and she then told me that anyone who does not smoke in the designated smoking area could be fined (that smoking area is in a completely different location on the property). I told her that I was never made aware of this, and she told me that the smoking policy is posted in the kitchen (I have confirmed that the policy is posted in the kitchen, however I was never made aware that this is where the smoking policy is). My company sent an email to everyone after the situation on Friday that explained the smoking policy and the applicable fines.
I was told that since Friday's instance was the second occurance, I would be fined an additional $2000. I looked up the FL smoking laws, and based on what I read, if a company is found in violation, they first receive a warning, and the first offense after is $750, and then $2000 for any subsequent offenses. An individual is fined no more than $100 for their first offense. Is the property manager correct with the amounts that she is supposedly fining me? If my employer is fined (versus myself being fined directly), can they payroll deduct this, or can they sue me? Is this a situation where I need a lawyer? If so, when should I consult with one? Can my employer terminate me because of this, and take the stance that I caused the termination, so that they do not have to pay for my unemployment?
I am just trying to think of worse case scenarios so I can be adequetly prepared. Any feedback is much appreciated.
