Can non-smoker be fired?

I was fired for refusing to enter into a meeting where all the employees were smoking in a smoke-free facility. Is there any legal recourse I can take?

Rita Risser's Response:

This is a hard one. First, why is the facility smoke-free? Is it due to employer policy, building management policy, local ordinance or state law? If it is a result of an ordinance or law, then it is possible that this is a wrongful termination in violation of public policy. However, in California, it may not be considered a violation of public policy since the law you were upholding might not be considered for the benefit of "the public" but only for your own benefit.

If the facility is smoke-free only because of management policy, then I wonder if that creates a contract right to a smoke-free environment. For example, if you took the job in part because it was in a smoke-free workplace, then the employer's failure to provide that could be a breach of the promise they made to you.

Another issue is whether you have a disability, such as severe asthma, that would require the employer to accommodate you under the ADA. If the smoke reached epic proportions, it might even violate OSHA standards.

I suggest you contact a local attorney for advice. Good luck.

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