Can a employer in california fire an employee for smoking?

if said employee isn't smoking at the facility

Answers:
No, unless the person's employment contract specifically prohibits smoking (think athlete). Regulation of otherwise legal conduct outside the workplace that is neither morally repugnant nor a poor reflection on the company is generally not cause for termination.

However, employers have broad powers to hire/fire at will absent any promises not to fire w/o good cause.

This is assuming you were smoking cigarettes. If you were smoking an illicit substance like marijuana, then by all means yes.


well it kinda depends on what your smoking...
If the employee is still on grounds then yes if not than your friend might have a case look up discrimination laws in your state
In general, no. If that employee is smoking in an oxygen tent, then yes.
probably so smokers are third class citizens in these here United States these days.

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