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wendyk

Junior Member
What is the name of your state (only U.S. law)? MI

I'm not sure if this would be the right place to post my question. I am curious if I use my PERSONAL car for work, am I legally allowed to smoke it in?
 


justalayman

Senior Member
Michigan is the home of the business that fired all smokers. The Mich supreme court ruled he could legally fire all workers that smoked, even if the only smoked off work time.

So, depending on what your employer says and his justification, it is possible for your employer to restrict you from smoking in your own car
 

swalsh411

Senior Member
I know of no State where it is illegal to smoke in your own car.

But that's not what you're really asking is it?. You're asking if your employer can legally fire you for smoking in your own car. And to that question; I am not aware of any law which states they cannot.
 

cbg

I'm a Northern Girl
If:

a.) Your car is parked on the employer's property
b.) You are on your employer's time INCLUDING paid breaks
c.) You come back from an unpaid break reeking of cigarette smoke

then your employer can fire you for smoking in your own personal car, even though smoking in your car is legal.
 

swalsh411

Senior Member
If:

a.) Your car is parked on the employer's property
b.) You are on your employer's time INCLUDING paid breaks
c.) You come back from an unpaid break reeking of cigarette smoke

then your employer can fire you for smoking in your own personal car, even though smoking in your car is legal.
I don't agree that any of these conditions would need to be met.

What law would prevent an employer from legally firing an employer just based on the mere suspicion of smoking on his own time off company property and not smelling like smoke? If my employer adamantly hates ipods, and finds out I bought own one, there is no law which says he could not fire me. This is no different.
 
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cbg

I'm a Northern Girl
I was not suggesting that unless these conditions were met, the employee could not be fired. I was attempting to present to the poster some of the reasons why the law does not prohibit the employer from terming her for smoking in her car. The list was not intended to be all inclusive.
 

racer72

Senior Member
If:

a.) Your car is parked on the employer's property
b.) You are on your employer's time INCLUDING paid breaks
c.) You come back from an unpaid break reeking of cigarette smoke

then your employer can fire you for smoking in your own personal car, even though smoking in your car is legal.
At my place of employment, smoking is banned on all company property, including inside of personal vehicles.
 

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