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Woman Claims Employer Tried to Force Her to Quit Smoking

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Can an employer fire you for smelling like cigarette smoke?
A Minnesota woman is considering a lawsuit against her employer after being let go from her job. Stephanie Cannon claims she was fired because she’s a smoker. The Minneapolis receptionist says Park Nicollet Health Services encouraged her to quit and when she didn’t, she lost her job.

Dealing with the smell

Cannon says her employer didn’t like the smell that lingered on her from smoking. Cannon says she stopped smoking on her breaks, used an air freshener and kept her work clothes in a plastic bag to keep the smell down, but it wasn’t enough.

She was given information about quitting, but Cannon says she and her husband have no desire to quit and doesn’t feel a job should dictate that choice.

“What I do in my home or outside of work when I’m not punching into that little clock is my business,” she told KSTP. “I shouldn’t have to be made to feel like I’m a leper.”

The legal battle

As Cannon weighs her legal options, some lawyers don’t think she has a case.

According to Chuck Samuelson of the American Civil Liberties Union, “Basically your rights as a smoker end where other people’s noses begin. In fact you can make the argument that your rights as a smoker end when other people breathe in the air that comes off of you.”

The Minnesota state law says an employer can’t hire or fire a person unless they are doing something that is against the law, but it also states employers can fire someone if they are creating a hazard in the work environment.

Forcing people to quit

New medications can help people quit smoking.

Cannon isn’t alone. Employers across the nation are becoming more strict about smoking. In some cases, companies are encouraging employees to use medication to kick the habit.

Zyban, a nicotine-free prescription medication, is designed to reduce nicotine cravings and other symptoms normally associated with nicotine withdrawal. The medication does not contain nicotine, and is gradually decreased as the amount of cigarettes smoked decreases. It’s one of several medications employers are encouraging smokers to turn to.

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