Its none of my business [Archive] - SoonerFans.com Message Boards

1stTimeCaller

7/14/2006, 10:21 AM

there was a thread on here a long time ago about a company that told it's employees that they had a year to quit and if they didn't they would be fired.

Isn't Oklahoma an 'at will' employment State? I think you can fire any employee for any reason as long as they aren't part of a protected class.

Viking Kitten

7/14/2006, 10:22 AM

Oklahoma is an employment "at will" state.

Smokers are not a protected class. You can ask a job applicant whether they smoke and then not hire them based on their answer.

If the person has worked for you long enough... I imagine they could come after you for unemployment.

Viking Kitten

7/14/2006, 10:23 AM

MamaMia

7/14/2006, 10:23 AM

um, I'm pretty sure they have been embezzeling from you..
now, there is a reason to fire them. Says who? Thats impossible. I have an accountant now.

For your information, I do not want to "fire" them. I just dont want them to smell like cigarette smoke.
Oklahoma is an employment "at will" state.

Smokers are not a protected class. You can ask a job applicant whether they smoke and then not hire them based on their answer.

If the person has worked for you long enough... I imagine they could come after you for unemployment.When I ran my ad, the newspaper refused to allow me to say "non-smoker" and they told me that it was discrimination, so I was afraid to ask. She didn't come to the interview smelling like cigarettes so I thought I was safe. A a matter of fact she has worked there for months and just recently started stinking.

oumartin

7/14/2006, 10:28 AM

oh, well in that case they weren't stealing. ;)

i was just trying to give you something to build your case on when you fired them but since you dont' wanna. Can't you just ask them to stop?

MamaMia

7/14/2006, 10:31 AM

oh, well in that case they weren't stealing. ;)

i was just trying to give you something to build your case on when you fired them but since you dont' wanna. Can't you just ask them to stop?I thought that if I did that, I would be guilty of discrimination. I have told her all about how awful smoking is for you. I'm sure she has decided that I'm annoying. :O

royalfan5

7/14/2006, 10:33 AM

I thought that if I did that, I would be guilty of discrimination. I have told her all about how awful smoking is for you. I'm sure she has decided that I'm annoying. :O
smokers aren't a protected class. You can discriminate against smokers to your hearts content.

oumartin

7/14/2006, 10:33 AM

tell her that you really think she is a great employee and it concerns you that she might not be there in a few years cuz she is pushin' up daisys.
you are only asking her to stop for her own good and you really appreciate the work she does and don't wanna lose her.
then like any good employer offer to help her stop smoking.

Viking Kitten

7/14/2006, 10:35 AM

When I ran my ad, the newspaper refused to allow me to say "non-smoker" and they told me that it was discrimination, so I was afraid to ask. She didn't come to the interview smelling like cigarettes so I thought I was safe. A a matter of fact she has worked there for months and just recently started smelling like that.

It's not discrimination from a legal standpoint. I bet the newspaper worker who told you that is a smoker. A DIRTY FILTHY SMOKER!!!!!!;)

colleyvillesooner

7/14/2006, 10:36 AM

Friends, let me tell you about
another bunch of hate mongers that
were just following orders: they
were called Nazis, and they
practically wiped a nation of
people from the Earth...just like
cigarettes are doing now! Cigarette
smoking is the new Holocaust, and
those that partake in the practice
of smoking or sell the wares that
promote it are the Nazis of the
nineties! He doesn't care how many
people die from it! He smiles as
you pay for your cancer sticks and
says, "Have a nice day."

Ross33

7/14/2006, 10:37 AM

Oklahoma is an employment "at will" state.

Smokers are not a protected class.

Oklahoma is an at-will state, but in this state, smokers ARE a protected class. From a state pride perspective, this is the most embarrasing employment law advice I have to give employers.

See 40 Okl.Stat.Ann. 500.

It shall be unlawful for an employer to:

1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or

2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours.

Non-working hours include lunches and other breaks. Although an employer can prohibit smoking on his or her property, as can any property owner, I advise against taking any action against an employee because they smoke elsewhere.

colleyvillesooner

7/14/2006, 10:38 AM

http://img.photobucket.com/albums/v237/xLuk3x/16932553684374d27b86c1d2.gif

oumartin

7/14/2006, 10:38 AM

pay her from the time she wakes up until she goes home in the afternoon. that way she is on working hours and therefore cannot smoke before she leaves to go home in the afternoon..
that'll fix it.

Viking Kitten

7/14/2006, 10:45 AM

Oklahoma is an at-will state, but in this state, smokers ARE a protected class. From a state pride perspective, this is the most embarrasing employment law advice I have to give employers.

See 40 Okl.Stat.Ann. 500.

It shall be unlawful for an employer to:

1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or

2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours.

Non-working hours include lunches and other breaks. Although an employer can prohibit smoking on his or her property, as can any property owner, I advise against taking any action against an employee because they smoke elsewhere.

Yowza... That's a new one on me. I bet a lot of employers don't know this.

Viking Kitten

7/14/2006, 10:47 AM

http://img.photobucket.com/albums/v237/xLuk3x/16932553684374d27b86c1d2.gif

I love that guy.

1stTimeCaller

7/14/2006, 10:48 AM

VK got pwned :(

:D

Viking Kitten

7/14/2006, 10:49 AM

Eh. It happens.

That's why I would never solicit advice from idiots on a message board. :D

Ross33

7/14/2006, 10:51 AM

Yowza... That's a new one on me. I bet a lot of employers don't know this.

You're definitely right about that. I get a lot of strange looks, and even some arguments from clients until I show them the statute.

Like I said, I don't like it, but it is what it is.

Viking Kitten

7/14/2006, 10:53 AM

You're definitely right about that. I get a lot of strange looks, and even some arguments from clients until I show them the statute.

Like I said, I don't like it, but it is what it is.

Do you know when they passed it, just out of curiosity?

1stTimeCaller

7/14/2006, 10:53 AM

Eh. It happens.

That's why I would never solicit advice from idiots on a message board. :D

I was joking. Being as I also said that smokers were a protected class I got trumped too.

Pat told me to say the pwned thing.

Viking Kitten

7/14/2006, 10:54 AM

I was joking. Being as I also said that smokers were a protected class I got trumped too.

Pat told me to say the pwned thing.

:les: THAT'S BECAUSE PAT'S A DIRTY FILTHY SMOKER TOO!!!!1

Mjcpr

7/14/2006, 10:55 AM

:les: THAT'S BECAUSE PAT'S A DIRTY FILTHY SMOKER TOO!!!!1
pwned again!

You're having a bad week. :D

1stTimeCaller

7/14/2006, 10:55 AM

and btw, bling=blind in case you're wonderin', VK.

Okla-homey

7/14/2006, 10:56 AM

smokers aren't a protected class. You can discriminate against smokers to your hearts content.

You can discriminate against fatties if they come in smelling like cheeseburgers. They are not (yet) a protected class per the laws of this state. Just saying.

Viking Kitten

7/14/2006, 10:58 AM

and btw, bling=blind in case you're wonderin', VK.

I was trying to resolve my mental image of squirrel wearing a big shiny ghetto dollar sign necklace and trying to figure out what that had to do with me getting pwned. Not that's that's bad or anything.

1stTimeCaller

7/14/2006, 11:00 AM

it was sent before we found out that smokers are protected. I just meant that I get lucky every once in a while. Not with the ladies of course.

Viking Kitten

7/14/2006, 11:01 AM

You can discriminate against fatties if they come in smelling like cheeseburgers. They are not (yet) a protected class per the laws of this state. Just saying.

I'd hire a fatty who smelled like cheesecake and sniff them all the time. Yum. I love the smell of cheescake.

BlondeSoonerGirl

7/14/2006, 11:02 AM

I'd hire a drunk that smelled like beer.

I love beer.

Viking Kitten

7/14/2006, 11:04 AM

I'd like a big tubby Irishman smelling of Guinness to come do my laundry.

BlondeSoonerGirl

7/14/2006, 11:05 AM

I'd hire The Hamburglar and nip at his bun all day.

I love hamburgers.

Viking Kitten

7/14/2006, 11:09 AM

I'd hire Grimace to strip at my birthday party.

Boarder

7/14/2006, 11:15 AM

You wouldn't be discriminating because they smoked or used tobacco. It would be because of smell. That wouldn't violate the statute. Are stinky people protected?

yermom

7/14/2006, 11:18 AM

hehe, great idea

colleyvillesooner

7/14/2006, 11:19 AM

You wouldn't be discriminating because they smoked or used tobacco. It would be because of smell. That wouldn't violate the statute. Are stinky people protected?

Depends on if they are famous or not.

Viking Kitten

7/14/2006, 11:21 AM

Depends on if they are famous or not.

:D YMSSR...

Okla-homey

7/14/2006, 12:01 PM

You wouldn't be discriminating because they smoked or used tobacco. It would be because of smell. That wouldn't violate the statute. Are stinky people protected?

Nice try, but you'd lose on that one. Smokers smell the way they do because they smoke. Even a hillbilly jury knows that.;)

NormanPride

7/14/2006, 12:11 PM

Any person that thinks Mom is annoying is not a person I want to know!

GDC

7/14/2006, 12:14 PM

It breaks my heart when elementary kids show up at school in the morning reeking of smoke.

Okla-homey

7/14/2006, 12:39 PM

It breaks my heart when elementary kids show up at school in the morning reeking of smoke.

When I was a baby hillbilly, the "poor" kids used to come to school smelling like smoke because their homes were heated with wood fires. One kid I remember had a trash barrel out at the end of dirt drive he lit to keep warm while he waited on the schoolbus. It was tough back then. Of course, he smoked too. Winstons he pinched from his mom's purse. We used to smoke 'em on the back rows of the bus;)

Sooner Born Sooner Bred

7/14/2006, 12:44 PM

One way would be if she insists on taking smoke breaks every hour. I used to work with someone who said she started smoking so she could have an excuse for more breaks.

Okla-homey

7/14/2006, 12:53 PM

One way would be if she insists on taking smoke breaks every hour. I used to work with someone who said she started smoking so she could have an excuse for more breaks.

That is precisely how I got started smoking ciggys in college. We'd be in a formation and they'd call out, 5 minutes! Smoke if you got 'em. Everyone not smoking had to stand there with their right foot in place while the smokers got to go chill under a tree and fire up.

MamaMia

7/14/2006, 01:40 PM

Nice try, but you'd lose on that one. Smokers smell the way they do because they smoke. Even a hillbilly jury knows that.;)
Ther law doesnt say anything about a persons right to stink being protected. I would think that a business owners rights would be considered as well. Nobody likes to have a stinky person standing next to them and it is a bad reflection for a dental clinic.

That is precisely how I got started smoking ciggys in college. We'd be in a formation and they'd call out, 5 minutes! Smoke if you got 'em. Everyone not smoking had to stand there with their right foot in place while the smokers got to go chill under a tree and fire up.
So now, they're just buried all chilly and stuff under the tree, huh?

BlondeSoonerGirl

7/14/2006, 01:48 PM

...a bad reflection for a dental clinic.

'...you got me...and my mouf was open, too...'

soonerjoker

7/15/2006, 11:00 AM

objecting to BO = nit-picking

Sooner Born Sooner Bred

7/15/2006, 11:26 AM

objecting to BO = nit-pickingMy freshman year there was a girl on our hall who just reeked (sp?) of BO. No one knew quite sure how to say something to her without hurting her feelings. I think her "secret sis" ended up getting her some bath and body works type stuff

soonerjoker

7/15/2006, 11:35 AM

maybe SAEMOM (nit-picker) shud do this.

MamaMia

7/15/2006, 07:46 PM

maybe SAEMOM (nit-picker) shud do this.
And you would be the authority on nit, with your wit?

TopDaugIn2000

7/15/2006, 07:51 PM

we have an intern for the summer (from oSUCK) that smokes like a chimney. I swear. She carpools with us and we always dread when it's her turn to drive cause we REEK by the time we get to work cause she smokes the whole way. One day she was smoking before we left, smoked FOUR on the way to work, and then ANOTHER before she came into the office. that's SIX...in less than 45 minutes.
also, she takes a break about every hour to hour & a half to go out and smoke. then she comes in and breathes her DISGUSTING breath all over us....doesn't even chew gum or mints or ANYTHING. They've yet to say anything to her cause she's just an intern and now she only has a week left. Wish I could get by with a 10 minute break every freakin hour.

edit: this is kinda ironic to read considering my avvie...hehehe

bigdsooner

7/15/2006, 08:31 PM

edit: this is kinda ironic to read considering my avvie...hehehe

i was thinkin that very thing :D

ive had to tell people that they had an odor prolem before, its not fun and i didnt enjoy it. but when you have other employees complaining besides yerself, what other choice do you have. just tell the b!tch that she smells and needs to fixit :)

tulsaoilerfan

7/15/2006, 08:54 PM

I'm sure glad that's one habit i never picked up; of course when you see a parent die from a heart attack directly related to a lifetime of smoking, you should be smart enough not to do it.

TopDaugIn2000

7/15/2006, 09:07 PM

you'd THINK that. but my best friend lost both grandmothers to lung cancer due to smoking, and he and his mother still light up constantly. amazes me.

Okla-homey

7/15/2006, 09:42 PM

:D

Ther law doesnt say anything about a persons right to stink being protected. I would think that a business owners rights would be considered as well. Nobody likes to have a stinky person standing next to them and it is a bad reflection for a dental clinic.

Mom, remember, we have a law in this state which says a business owner can't tell its employees to leave their guns at home. Do you think they care if the employees are stinky? I think not.

So now, they're just buried all chilly and stuff under the tree, huh?

Naw, most of us quit when we were around 35. Myself included..'cept for seegars occasionally

MamaMia

7/15/2006, 09:58 PM

:D

So now, they're just buried all chilly and stuff under the tree, huh?

Naw, most of us quit when we were around 35. Myself included..'cept for seegars occasionally
Thank goodness. :)

soonerjoker

7/16/2006, 10:10 AM

as to nit; your picking = my wit
anyone who read this whole thread = "nit-wit".

OCUDad

7/16/2006, 10:58 AM

anyone who read this whole thread = "nit-wit".So, apparently you read the whole thread? :rolleyes:

soonerjoker

7/17/2006, 09:55 AM

yes i did.

slickdawg

7/17/2006, 09:56 AM

...if someone who works for me wants to smoke. However, I feel it is my business if they start coming to our clinic smelling like cigarette smoke.

This is not a good thing. I don't know what the laws are and I certainly don't want to discriminate, but still. :(

I know what you mean Mom, I hate it when someone walks in reeking of smoke.

soonerjoker

7/17/2006, 10:00 AM

Mom

try to keep your distance.

yermom

7/17/2006, 10:19 AM

Mom

try to keep your distance.

this is a dentist's office, right?

they aren't all that spacious...

frankensooner

7/17/2006, 11:03 AM

TopDaugIn2000

7/17/2006, 11:04 AM

I think the after smoke breath is worse than the cig itself. maybe that's just me though.

I went to an eye doc one time that had ashtray breath. only went to him ONCE.

Viking Kitten

7/17/2006, 11:05 AM

Smelling stale, reeking smoke on somebody is almost worst than actually smelling a burning cigarette. Ick.

And some cigars smell delicious.

frankensooner

7/17/2006, 11:15 AM

I agree, smoker's breath is horrible, but if it is only the clothes cling, I can deal with it for the short time I will be in the chair.

Okla-homey

7/17/2006, 11:25 AM

coffee breaf can peel paint too. Just saying.

TopDaugIn2000

7/17/2006, 11:35 AM

word

Newbomb Turk

7/17/2006, 11:39 AM

this thread stinks.

yermom

7/17/2006, 12:01 PM

coffee breaf can peel paint too. Just saying.

and then there is the combination of the two :eek:

TheHumanAlphabet

7/17/2006, 12:01 PM

You are within your rights to only employ non-smokers...

TheHumanAlphabet

7/17/2006, 12:03 PM

Smelling smoke on someone really isn't that annoying

Some of the "grossest" stink there is...

MamaMia

7/17/2006, 01:30 PM

The dental assistant at my kids Dentist's office smells like smoke, and she has a tramp stamp. I am sure this doesn't help any, but I thought I would throw it out there anyway!

Smelling smoke on someone really isn't that annoying, smelling the burning stick is, unless it is a seegar stick, I mean. ;)
How in the world would you know that she has a tramp stamp? I wear scrubs when I have to cover for someone and even if I bend over and touch my toes, I'm still covered.

I have friends and family members who I adore who smoke. I still love them. The bottom line is that its a dental clinic, not a club, not a grocery store or a quick stop, but a medical facility. My husband counsels patients who smoke, dip or chew all about the negative effects of tobacco, therefore its a bad refection on him. In my opinion its not okay to have an employee who smells like cigarettes. Some people may be okay with the smell but if even one of our patients agrees that its annoying, and given that it is a dental facility, then I feel thats one too many, and I have made my decision to say something. I'm fond this person and would never want to hurt her feelings so I plan on respecting her rights to smoke, and will be tactful and kind about the smell.

So, you know what? If some of you smokers with food in your mustaches want to neg me some more and put me on your ignore list then have at it.

Oh, and soonerjoker...Up your nose with a rubber hose!

Stoop Dawg

7/17/2006, 01:35 PM

99.99% of all smokers......

OCUDad

7/17/2006, 01:43 PM

99.99% of all smokers......are fantastic lovers?

frankensooner

7/17/2006, 01:57 PM

Let's just say hers trampstamp was HUGE and I wasn't really looking, but couldn't help noticing. Smoking is stinky, even if it is the occasional seegar like I smoke, so kids, just say no.

You know what else stinks, men who wear lots of cologne and women who wear too much perfume. I think that would probably bother me more than the cigarette cling.