Show #410 Airing Sunday 12/2/07
If you're a good employee, a hard worker, your job should be safe, right? Of course, your boss can't fire you just because you smoke outside the office. Or because you eat junk food. Right? Maybe not right. Here to explain why your personal, non-work-related habits could result in losing our job is my law partner with impeccable personal habits, Mike Solomon.
Question: Can a company fire a person just because they smoke?
Answer: Yes. Ohio is what's called an "employment-at-will" state. This means employers have great leeway in hiring and firing employees. Generally, employers can terminate employees for any reason or for no reason at all. So you can be fired just because your employer doesn't like you, even if you are a fantastic employee.
Question: Are there any limits on an employer's right to fire employees?
Answer: Yes. There are a few exceptions. For example, a company can't freely fire an employee who has a contract limiting the employer's right to fire. And a business can't fire an employee based on certain protected categories specified by law, such as an employee's race, age or religion.
Question: Why would a company fire good employees just because they smoke?
Answer: Many businesses offer their employees health insurance. And many of those companies subsidize the costs. But with premiums sky rocketing, businesses are looking for ways to cut their health care expenses. Some have reduced the amount of the subsidy for employees. Others have eliminated insurance payments entirely. And some companies have started getting rid of employees who live unhealthy lifestyles. But some more creative businesses have adopted programs to encourage employees to adopt a healthier lifestyle. This includes anti-smoking and exercise programs. Several companies, for example, now provide free gym memberships and other prizes to people who sign up for their wellness programs.
Question: How far can employers go in looking into employees' private lives?
Answer: Courts have not yet set clear limits. Can companies terminate employees who over-eat? Or who spend too much time on the couch watching television rather than exercising?
With the ever-escalating costs of health care, businesses will continue to try to influence employees' personal lives, with the hope of cutting insurance costs.
How far they can go, nobody yet knows. But stay tuned.
There are likely to be cases going to court. In fact, there's one case that was just filed by an employee who was fired from Ohio-based Scotts Miracle Gro Co. He was fired for smoking, and is taking the company to court.
So how safe and secure is your job? If you smoke, or overeat, or don't get enough exercise, watch out. Your job may not be as safe as you think. My thanks to Mike Solomon.
