do I have any grounds

[TWD60]

What is the name of your state? Ohio,hello,I was terminated for smoking a cigarette in my work place,and yes the company has no smoking signs and it is also a drug free workplace.heres the thing that I do not understand....a few months ago a couple of other workers got caught smoking marijuana at work and were not terminated,but I was for just smoking a cigarette.is there any justification to this?

thanks,TWD60What is the name of your state?

 

[averad]

Two wrong don_t make it right.

Maybe the other employees are dealing drugs to your boss, we don't know and it doesn't matter. You were terminated for breaking company policy and that_s legal.

I am not aware of any state or federal law that states a employee must receive the same disciplinary action from a employer. possibly CBG could comment on this.

Sorry the "Jimmy did it first" defence doesn't work.

 

[cbg]

I can think of a couple of justifications for it right off the top of my head.

1.) The company has since decided to crack down on offenders and you happened to be the first one caught since the decision was made.

2.) Your overall record supports a termination while theirs doesn't/didn't.

If you are asking whether any laws were violated for firing you for violating the policy when someone else who violated the policy was not, the answer is, not on the basis of what you have posted.

 

[averad]

I am amazed at the limitless amount of people who believe they were wrongfully terminated. Especially when their own stupidity got them fired.

 

[TWD60]

OK,in our company handbook it states this:1st offense=verbal warning,2nd offense=write up,3rd offense=suspension,4th offense=termination.they went straight to termination!

 

[fairisfair]

OK,in our company handbook it states this:1st offense=verbal warning,2nd offense=write up,3rd offense=suspension,4th offense=termination.they went straight to termination!

okay, that is a company handbook, not a law book.

 

[weenor]

OK,in our company handbook it states this:1st offense=verbal warning,2nd offense=write up,3rd offense=suspension,4th offense=termination.they went straight to termination!

So? they're allowed to do that. See cbg's answer above.

 

[mlane58]

OK,in our company handbook it states this:1st offense=verbal warning,2nd offense=write up,3rd offense=suspension,4th offense=termination.they went straight to termination!

Handbooks are guides, not employment contracts; As long as the handbooks don't have binding language ensuring that handbooks do not contain provisions that promise — directly or indirectly — permanent, lifetime, or a fixed term of employment; that they retained sufficient discretion as to the terms and conditions of employment, by explicitly reserving the right to change the rules, benefits, pay structure, etc., at any time using a disclaimer.

Just because that is stated in your handbook doesn't mean the company has to follow it to the letter. If the severity of the offense warrents a termination then guess what? Bye Bye

 

[cbg]

Okay, say the company is required by law to follow each and every step of the disciplinary process in each and every case with no exceptions. So then when they caught you with your hand in the cash drawer and $20,000 in cash in your pockets, the most they could do would be give you a verbal warning?

I don't think so. There are reasons why the law permits exceptions to disciplinary policies.

 

[TWD60]

Mlane,which would you think is more severe:smoking pot at work and getting caught or smoking a cigarette?

 

[TWD60]

cbg,the scenario you described($20'000.00 in hands)is most definitely grounds for firing.but smoking a cig.....let me also state that my work place is a machine shop,not a food establishment

 

[Some Random Guy]

"smoking pot at work and getting caught or smoking a cigarette?"

Perhaps you didn't read the posts which say that the employer isn't legally required to be fair in choosing punishments.

 

[cbg]

Doesn't make a bit of difference what anyone here thinks is a "worse" offense. I've already given you reasons why the company could justify one over the other.

You violated company policy, and you got fired. That's legal. All your arguments about what the company should have done are not going to make it illegal.

Grow up. If you're so dependent on your tobacco that you have to risk your job for it, find a job where they'll let you smoke. Or don't whine when you have to take the consequences for your actions.

 

[Ohiogal]

Under the implied contract exception, "a handbook may be found to alter the terms of employment at will only if the employee and employer have agreed to create a contract from the writing." Tohline v. Central Trust Co., N.A. (1988), 48 Ohio App. 3d 280, 282-283, 549 N.E.2d 1223. See, also, Uebelacker v. Cincom Systems, Inc. (1988), 48 Ohio App. 3d 268, 273-274, 549 N.E.2d 1210 and Vitanza v. First Natl. Supermarkets, Inc. (1993), 1993 Ohio App. LEXIS 3213, Cuyahoga App. No. 62906, unreported. In the absence of mutual assent, a handbook is merely a unilateral statement of rules and policies which creates no rights and obligations. Tohline, supra. at 282.


Also sometimes promised disciplinary steps CAN create contracts in Ohio unless there is an appropriate disclaimer somewhere in the handbook.