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Man Brings Lawsuit for Being Fired for Smoking off the Job

A Boston lawn care worker has been fired for smoking off the job. Scott Rodrigues, a former employee of Scotts Company tested positive for nicotine during a routine drug test. Having nicotine in one's system violates company policy.

Rodrigues is suing for invasion of privacy stating that smoking cigarettes, while not healthful is also not illegal and that Scotts' big brother-like approach is unwarranted. According to the lawsuit, this policy opens up a slippery slope of employers dictating diet and exercise requirements as well.

The smoking lawsuit was filed in Suffolk Superior Court on Wednesday, November 29 and legal experts believe this is the first case of its kind to be filed in the state of Massachusetts. Scotts' policy of not hiring tobacco users and making current employees sign agreements not to use tobacco is intended to drive down healthcare costs for the self-insured company.

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Civil libertarians, however, say the policy violates personal privacy rights and may be a mask for other kinds of discriminative behavior on the part of the company. Federal law prevents a double standard in regards to insuring nonsmokers versus smokers, although it is legal to pass along higher healthcare premiums to those who smoke.

 

 

 

 

 

 

 


 

 


 

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