CanI be fired for a few relapses after signing a tobacco free form?

UPDATED: Feb 15, 2012

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CanI be fired for a few relapses after signing a tobacco free form?

Several months ago I signed a form stating that I would be tobacco free by a certain date. I was very serious about quitting and have been smoke free for at least 3 months. Quitting was harder than I thought and I had a few relapses in the beginning. In the form it stated that if Iwere to have a relapse that I would report it. I didn’t. Now I am under investigation and there could be some video of me smoking.

Asked on February 15, 2012 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To begin with, if you don't have an employment contract (including a union agreement) protecting or guarantying your job in some fashion, you could, unfortunately, be fired at any time, for any reason--including a lapse in regard to tobacco.

Even if you did have an employment contract, from what you write, you have violated another agreement which you entered into in regards to not using tobacco. While you should bring that and the other contract (if you have one) to an employment law attorney to review, on the face of it, violation of the tobacco-free agreement could provide grounds for termination, even if you were otherwise protected by an employment contract.

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 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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