Question

Bright Daffodils Inc. operates in a state where the smoker's rights law is prevalent. Samantha, the HR manager at Bright Daffodils wants to terminate an employee, Lara, because she is a smoker. Which of the following is true in the context of the given scenario?
A. Samantha can terminate Lara if she is caught smoking in any public place.
B. Lara cannot be legally terminated for smoking outside the workplace.
C. Lara cannot be terminated for shirking from her work to smoke in the workplace.
D. Samantha can terminate Lara if she is caught smoking in a state where the smoker's rights law is not prevalent.

Answer 1

Answer:

The correct answer is B. Lara cannot be legally terminated for smoking outside the workplace.

Explanation:

If the conduct is not based on facts that occurred in the performance of her duties, Lara cannot be fired by Bright Daffodils. In this case, people have legislation that protects them and, in the event of dismissal, Lara can request the reinstatement of their work because, within the structure of the law, smoking is not considered a crime. Despite this, Lara must comply with internal policies and must not smoke during her working hours.