As a non smoker do I have any rights?

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As a non smoker do I have any rights?

I am a recreation therapist. I work in a nursing home. I have worked at my place of employment for 13 years. I am a non smoker. My boss informed me that I may be required to do the smoking pass with the residents. I live a heathly lifestyle. I do not think it is fair that a non smoker has to be forced to do the smoking pass. I feel that I have a right to say no to this task. Can I be fired for not doing what I am told? I do not want to be exposed to second hand smoke.

Asked on June 2, 2009 under Employment Labor Law, Connecticut

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Quite frankly, I'm surprised that smoking is permitted anywhere in the nursing home.  That would be the first question I'd want to ask a Connecticut lawyer (I'm not), if there were state health code regulations or statutes that made smoking in a nursing home illegal, along with state law about second hand smoke in the workplace generally.

If it turned out that smoking in the nursing home is illegal, then you might fit into one of the relatively few exceptions to "at will" employment, under which most employees can be fired for no reason at all, if your state has a "whistle blower" law or something else that fits the unique facts of your case.  For reliable advice, get all those facts to a qualified attorney in your area, and one place to find lawyer is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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