Can I be sued for smoking on company time?

Date: Nov 26, 2013

Can I be sued for smoking on company time?

4hourrush · Guru

I don't think they can sue. I think they're full of it on that.

But couldn't you take a break, then smoke? Or wait until you clocked out?

This might be an unpopular statement but - Why do some smokers seem to think they're entitled to more breaks than non smokers?

Date: Nov 26, 2013

Didn't get the 15 minute break to begin with because we were so short staffed. I get what you're saying, but I figured I'd smoke while taking the trash out so I could get everything done they had asked me to for that day.

I don't ever feel entitled to an extra break. It was supposed to be a 4 hour shift, but with the work load they asked me to do it turned into 5.. so I never got either of my 15 minute breaks.

Another thing, they also gave me a gift card to Kroger yesterday because I had so many good comments come into the store about me.

Date: Nov 26, 2013

contracts says you get your breaks, take your breaks.

BagBoy · Guru

You can't be sued for that. That's just stupid.

Date: Nov 26, 2013

If you weren't clocked out they could attempt to fire you for stealing time from the company, best bet would be to say you forgot to clock out for break.. Problem solved. dont mention the taking the trash out that could be considered working off the clock which could get you in trouble aswell if you claim you were taking a break.

mega-kitteh · Guru

They CAN fire you for smoking on the clock, especially if you are not on a break. They can NOT sue you for smoking. I'd take the threat of being "sued" for smoking, as a grain of salt.

Date: Nov 26, 2013

Manager doesn't care if people took a quick smoke when taking out the trash. Shoot, they do it too every now and then. At least that's how it is here.

I don't smoke, but many of my coworkers do. And hey, it helps them somewhat. The dumpster harbors the smell of death incarnate. Honestly I'd rather deal with cigarette smell than the dumpster.

4hourrush · Guru

Anonymous wrote:
Didn't get the 15 minute break to begin with because we were so short staffed. I get what you're saying, but I figured I'd smoke while taking the trash out so I could get everything done they had asked me to for that day.
I don't ever feel entitled to an extra break. It was supposed to be a 4 hour shift, but with the work load they asked me to do it turned into 5.. so I never got either of my 15 minute breaks.
Another thing, they also gave me a gift card to Kroger yesterday because I had so many good comments come into the store about me.

Oh i get what you mean about not getting your break. When working 4 hour shifts it's like impossible to take one :(

Sorry about the smoker comment - it doesn't sound like you're one of those types. but i have noticed that some employees can get away with that more than others. there's a lady who works in the deli who takes a smoke break like every two hours.

Kenny Powers · Senior Member

Quit smoking. Its not good for you and its getting you in trouble. And you probably smell like an ashtray.

Pimanq · Newbie

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