Fired for smoking outside of employment hours?

I am subcontracted at my job. When I was hired I told them that I smoke 2 cigarettes at night after my kids go to bed.(mistake #1 I know) We discussed that I should quit and told them I was working on it. Nothing else was said. Soon after being hired I got a sore throat and couldn't smoke for 4 days. after that I decided to see how long I could go. 2 weeks passed and no smoking. I never smoked in my car or in my house. They just told me that I was being let go for smoking. They then informed me that they have a zero tolerance. They hired me knowing that I smoked and fired me when I didn't even smoke at the time. Is this legal? They didn't even give me a chance. I feel cheated. There was never smokes in my purse,car, or anywhere on their property. I'm really hurt by this. I was really trying and succeeding on my part. Does anyone have any sugesstions for me? Thanks!

Normally, employers have you sign all sorts of things regarding your agreement to abide by company rules. If the company doesn't have a written "No Smoking" rule then take them to court. It MUST be in writing. A "verbal suggestion" is not sufficient.

The others who have posted opinions forget to ask the question above. The material that you got when you started on the job is crucial to whether or not it is legal to fire you for smoking. Also note, if they told you "should quit" instead of "must quit" then again there is a legal distinction here.

Finally, if they said they would give you a copy of an employee's manual or something similar - but then didn't provide it to you for review, you are again in a decent situation legally. You MUST be able to know that a given action is a violation of company rules. Further, it MUST be stated clearly in an unequivocal way, and in a way that is available to you for review. Finally, since at the time you claimed you HAD NOT smoked, they didn't give you a fair chance to demonstrate whether you HAD quit.

Now, let's look at the other side. Even the USA Dept. of Defense hires smokers. They just can't smoke inside the building. TOP SECRET employees are still allowed to smoke outside. (They just can't bring their work with them.)

What the hell kind of job did you have that would place such a requirement? And given that they are such flaming idiots about it, do you want to work for a place that has no heart?

There is such a thing as a probationary period, and if your "two weeks" statement is correct, you were clearly still in that period. Most state laws allow dismissal of employees before completion of probation without cause. So they had every right to dismiss you. The person who did so, however, should have told you the truth. If the temination papers said in writing that smoking was the cause, you might still have an action. If there WERE no termination papers, that is another can of worms.

OK, I know the job market is tight. But sometimes you are better off NOT working for flaming idiots whose understanding of US Labor Law and personnel management is so obviously sub-standard.

If you have a contract for a specific period of time, limiting the ability of each party to terminate it, you can enforce the contract. Otherwise, each party is free to terminate employment contracts for no reason or for virtually any reason.

Union.

What country are you in? There is no law about smoking in your home or private vehicle. I would sue them for wrongful dismissal.

As a subcontractor I'm not sure what your rights would be in that case. If you really want to pursue it (decide if it would benefit you to do so in the end), then I'd suggest talking to a lawyer. Some lawyers will do an initial consultation for free, so you might be able to get an idea of what your options are.

But again, I'm not sure what a favorable outcome would be for you in this situation... you might be better off just moving on to someplace where they concern themselves with the quality of your work. Sorry for your bad luck here.

No That's not legal,but that another government removal of your rights

If you have health insurance through your employer, contractor or subcontractor, then legally you broke your contract...

Sorry!

who the heck were you working for? i find it very odd.

I once was denied a job because i smoked because the owner was allergic or some crap, but I have never been fired for smoking.

what was their reason for not allowing you to smoke?