by Lil B on April 2nd, 2009

Lil B

Question

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Ok, my work has banned people from smoking in their cars. If my work does not own that lot and they are just renting it, can they really say you can not smoke in your car? They say they are not responsible if someone breaks into your car either.

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Answers. 3 helpful answers below.

  • by sidewalkchalk on April 2nd, 2009

    sidewalkchalk

    Your car is your property and an extension of your home. I don't think a ban on smoking in your car has any legal merit. I actually went through the same thing at my place of work recently. They were trying to say that no one could smoke during work hours and nowhere on the property. I had to fight that one and remind them that they were renters on the property, that the property had a designated private smoking area outside, and that staff had a legal right to 2 15 minute breaks during the day.

    Good luck with your situation.

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  • by Rufus_T_Firefly on April 2nd, 2009

    Rufus_T_Firefly

    Well, well. The anti-smoking Nazis are at it again. I'll have to agree with sidewalkchalk, your car is your own property and unless there is some sort of fire hazard near where you must park, it's probably constitutionally illegitimate. However, since the company is free to set whatever policies they choose, they might still, at least technically, have reason or grounds to fire you for violating that rule. I'm sorry for your dilemma and I'm really, really glad I don't have to work for those bastards.

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  • by Rufus_T_Firefly on April 2nd, 2009

    Rufus_T_Firefly

    Looks like the anti-smoking Nazis are at it again. I agree with sidewalkchalk, unless there is a fire hazard near where you park, I can't see them banning smoking ion your own vehicle as a legal move on their part. However, they are still your employer and can probably, at least technically, fire you for violating company policy. I'm glad I don't work for those idiots.

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