Vaping FAQs

can you get fired for vaping

by Domenica Gerlach Published 1 year ago Updated 1 year ago
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Can You Get Fired for Vaping in the Warehouse? Just cause is a high standard. If an employer terminates an employee for just cause, the employee loses their right to notice or payment in lieu of notice.

Can you fire an employee for vaping? If your company policy, state, or local law prohibits vaping at work, then yes, you can fire an employee for vaping at work.Feb 19, 2020

Full Answer

Can You vape in the workplace?

Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law.

How close to the office can you vape without being fined?

In the employer manual there is strict no smoking policy within the confines of the building or 50 feet around it, but as we all know vaping isn't smoking. I had just recently purchased an electronic cigarette, and figured that since it wasn't smoking that I could use it.

What states allow vaping in the workplace?

These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, Nevada, New Jersey, New Mexico, North Carolina, Pennsylvania, South Dakota, Utah, Vermont, West Virginia, and Wyoming. The laws of these states do not all specifically mention vaping in the workplace.

Can You vape in bars and restaurants in Illinois?

In Illinois, for example, there are many localities that have banned vaping in all enclosed workplaces, including bars and restaurants, but there are also a few that have exempted bars. These types of inconsistencies can happen in any state where regulation takes place at the local level.

Can vaping cause problems?

Is vaping allowed in Montana?

Can you vape while driving?

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Can you vape on the job?

According to the Centers for Disease Control and Prevention (CDC), 13 states have banned vaping in indoor workplaces. Some of these states are Colorado, Florida, Hawaii, Maine, New York, Oregon, Rhode Island, Utah, California, Vermont, North Dakota, and New Jersey.

How can I hide my vape at work?

Try hiding your e-cigarette use behind loose or bulky clothing. A comfy jacket can obscure a lot of your vaping. Consider a smaller, more discreet device for these occasions. After all, if you're stealth vaping, then you're probably more concerned with getting your nicotine hit than you are with cloud chasing.

Is vaping still classed as smoking?

Most insurers consider vaping (as well as chewing nicotine gum or using a nicotine patch) to be the same as smoking.

Is vaping the same as smoking in the workplace?

It is ILLEGAL for an employer or owner-operated business to allow any person to smoke in an enclosed space (with only certain exemptions). Smoking includes the use of an electronic smoking device, whether or not it contains nicotine. For example, the use of e-cigarettes and vape pens is prohibited.

Can vaping set off smoke detector?

E-cigarette users exhale an aerosol of particulates and chemicals3–5, which can trigger both ionization and photoelectric-based smoke detectors.

Is there a device that can detect vaping?

3D Sense is a vape detector that works on many of these fronts to help combat vaping. 3D Sense continuously monitors its environment to detect vaping, smoking, and air quality disruptions. When vaping is detected, chosen contacts get an alert on their phone so they can investigate further.

How do lungs heal from vaping?

However, there are certain lifestyle behaviors you can practice to try and accelerate the rate at which your lungs heal.Drink Lots Of Water. ... Eat Healthy Foods. ... Exercise Regularly. ... Cough. ... Clean Your Living Space. ... Practice Deep Breathing. ... Try Steam Therapy.

How much vaping is too much?

Even today, many high-profile sources list the toxic dose of nicotine (the LD50 – or the dose that will kill about half of people exposed) as between 30 and 60 mg. To put this in context of vaping, this would be about 4 ml of 12 mg/ml e-liquid. d.

How long will it take to quit vaping?

Understand that the most intense feelings of withdrawal and cravings will often diminish after the first week, and the addiction will begin to subside. Nicotine withdrawal usually lasts about one month, and will get much easier after that time. Find healthier activities to replace vaping.

Is it illegal to smoke a vape at work?

Some may allow it; some may want to allow it but are not able to because of the rules of the building. Some may ban vaping outright. To gain clarity on the situation, anyone looking to vape in their workspace should consult their line manager, human resource manager, or other senior member of their work's staff.

Is it better to vape or smoke?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

How can you tell if your house is vaping?

“The biggest thing to look for is paraphernalia, like chargers, cartridges, cartridge packs, e-juice bottles, etc.” he said of items that are left out inadvertently. Parents may smell odors if a child is vaping in the bathroom or bedroom, and they may spot symptoms if their child vapes a synthetic drug, he added.

How do you sneak vape through a metal detector?

The best thing to do is take your vape pen apart so none of the pieces are metallic. After removing the metallic parts and accessories, place the vape pen in your pocket and walk through the metal detector again.

Is it illegal to smoke a vape at work?

Some may allow it; some may want to allow it but are not able to because of the rules of the building. Some may ban vaping outright. To gain clarity on the situation, anyone looking to vape in their workspace should consult their line manager, human resource manager, or other senior member of their work's staff.

Can I put my vape under my pillow?

E-cigarettes should be stored vertically to avoid leakages. Placing it under your pillow would mean it is placed horizontally. This may cause a leakage, and since kids access your bed whenever they want to, the e-liquid may encounter your child's skin, causing nicotine poisoning.

Is it better to vape or smoke?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

happydave Ultra Member ECF Veteran

yeah man that sucks my employer had a bunch of questions about it and said i could do it outside of the building but i didn't need to be 25 feet from any door or window. it was fine as long i was outside. i asked before i got the job about the smoking policy and asked if they had any policy about e-cigs..

CryptMan New Member

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

happydave Ultra Member ECF Veteran

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

Shilo Vaping Master Verified Member ECF Veteran

Sorry to hear that. I would go get unemployment benefits if it is not listed anywhere in the employee handbook/manual as an offense (fire-worthy or not) until you can get another job. If it was not documented it seems like it probably is a gray area.

permafrying Ultra Member Verified Member ECF Veteran

I don't know what sort of legal options you could consider, but I would certainly be looking at them.

Train2 ECF Guru Verified Member ECF Veteran

that is crazy - since you weren't even really arguing that you should be allowed to...just that you thought it was OK.

cmknight Senior Member ECF Veteran

I would be going over the employee manual with a fine-toothed comb regarding termination reasons. Are they required to give you any kind of notice or warning? Do you have employment standards branches that you can utilize for redress? Employee rights organizations? Have you done anything that your boss would look for any excuse to terminate you?

What are the rules of vaping?

While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.

Where is vaping banned?

School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.

What is the act of inhaling an aerosol, or vapor, that’s produced by an electronic?

You may not know precisely what it means, but more than likely you’ve at least heard of the term “vaping.”. Vaping is the act of inhaling an aerosol, or vapor, that’s produced by an electronic cigarette ("e-cigarette").

What states have vaping laws?

Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...

Is vaping legal at work?

Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...

Can an employer ban vaping?

If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.

Can you vape at work?

By including e-cigarettes or vaping in the definition of tobacco, nicotine, or smoking, these states generally don't allow you an unrestricted right to vape at work. Some states specifically ban vaping at work. California is one of those states.

kookacola New Member

My boss saw me on a security camera vaping and fired me. The company has a no TOBACCO products policy. I tried explaining to him that I wasn't smoking, that it was only water vapor. I even showed him the e-cigs. he told me that corporate said it didn't matter.

JustMeAgain Ultra Member Verified Member ECF Veteran

My boss saw me on a security camera vaping and fired me. The company has a no TOBACCO products policy. I tried explaining to him that I wasn't smoking, that it was only water vapor. I even showed him the e-cigs. he told me that corporate said it didn't matter.

Giantfan Senior Member ECF Veteran

I would get an attorney also. An e cigarette is a non tobacco product and therefore does not fit into there rules.

kristin Vaping Master ECF Veteran

If you want to fight it, write a letter to corporate and tell them the FDA has deemed these "drug delivery devices " and not a tobacco product.

NickWgnr Full Member

Id talk to an attorney to see if that was at all legal for them to do (which Im guessing wasn't)... If the attorney says that you may have a case then go to your work and try to talk to them about it... If they don't want to hear it then tell them they can hear it from your attorney...

SLDS181 Ultra Member ECF Veteran

Everyone has given great advice already, lawyer, your pv vendor, HR....

ladyraj Super Member ECF Veteran

Kookacola, alot depends on your state and I recommend you contact your local labor board with this "no tobacco" policy via employee handbook in hand. You may be surprised how many rights you have and the fact remains that if e-cigs were not in the terminology included in developing policy, you may have a case.

Can we add a new rule?

I know people don't really pay attention to the side bar, rules, or stickies in general but can we add a rule for those that do? Something along the lines of:

Life insurance

I applied for some life insurance and was honest about vaping. They did NOT classify me as a smoker. I got a standard rating (because I am fat and lazy).

I can not afford to buy you all pizza

I have about 150 students a year. Every time they have earned a class celebration they ask for a pizza party.

So done right now

I was sitting at my desk, with my legs folded under me and my shoes off BECAUSE MY FEET WERE UNDER MY BUTT. And a parent walked by, saw that my shoes were off, and complained to the vice principal. I just got in trouble for THAT.

AP just emailed me to say he posted my job online

When the administration met this past Wednesday, 2/9, we made a decision to post an opening for a Chemistry teacher for the 22-23 school year and I did that today.

One of favorite things happened today

Today in sixth grade we played Kahoot. The join number ended in "69". I smiled knowing what was going to happen next.

Can vaping cause problems?

And it has happened a lot. Vaping in the workplace can cause problems. It is very important to follow all of the workplace rules. If there is ever any doubt, ask! Ultimately, it is likely best to wait until your break and then go outside where you can freely demonstrate prodigious cloud making ability!

Is vaping allowed in Montana?

The point is that chances are that if you work in an office setting, vaping is not allowed.

Can you vape while driving?

If you work as a long-haul trucker or a delivery driver, you are probably safe especially if you own your vehicle. If you are driving passengers, don’t vape while you have someone in the car. Unless you are driving a fellow vaper then as long as the company does not prohibit, why not!

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