Aces High Bulletin Board
General Forums => The O' Club => Topic started by: T0J0 on January 25, 2005, 12:55:22 PM
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Weyco inc announced the firing of all employee's that smoke or test positive for tobaco use siteing health insurance costs as the reason....
Who's next after this?
Gays?
over wieght people?
Chronic back pain?
People with family histories of diabetes?
TOJO
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WoW
Can they do that??
Fat people next if they get away with it.
Smokers suck but they should not be fired for smoking. Maybe for taking 10 breaks a day, but not JUST for smoking :D
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just googled them and found this news story:
http://www.freep.com/news/statewire/sw110547_20050124.htm
i want to see the legal ramifications of this
i call BULL**** personally
The company instituted a policy on Jan. 1 that makes it a firing offense to smoke -- even if done after business hours or at home
BULL****
going for a smoke right now, even though i just had one 20 min ago. ,,|,, to dem prettythangholes
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There's a company here in Houston, Universal Computer Systems, that does IT for dealerships. They randomly test, and any use of any tobacco product is grounds for termination. They use the loophole that they require you to be insured through the company, and they use an insurance company that doesn't insure tobacco users.
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I work part time for a health resort as a hiking guide, their policy is that if you use any tobbacco products you are not allowed to work for them, now they dont test you for it but your still not allowed.
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This is hilarious. Some jobs dont even drug test but they throwing in a nic test is too much.
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From a legal standpoint smokers are not in a defined group which warrant legal protection.
So what the company did was perfectly legal. That does not mean that what they did was moral, or very wise.
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well stuka as a hiking guide i think you're expected to be in top notch physical condition for the safety of your customers and its proven that smoking clogs your lungs and lowers your stamina.
But for a regular office company firing people because they smoke is questionable at best. Id say its their right to fire people who smoke on company premises, after all its their company and they should decide what goes and what doesnt in their own house.
But to tell people that if they smoke at home or off-work = fired? I doubt thats legal.
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i just thought of something....
what if you did quit as of Jan 1 like the company wanted....
but use the patch or gum?
they have nicotene in them, and it would show up on a test.
<> these anti smoking NAZI's it's like prohibition
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OIO,
Yes thats true but the policy is for anyone who works at the resort, now the only way they are gonna bust you is if A. on the application you mark the box that says you are a tobacco user or B. if you light up on the resort grounds.
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LOL they better start testing for gunpowder:(
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I wanna know when they are gonna start testing for liberal pantie-wastes, im sure that can be detected in the blood or urine.
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To be able to fire someone who engages in a LEGAL activity away
from work at his home?
Well there is something really wrong with this and I think that If they pursue this the courts will agree with them.
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Good!
It's too bad that some people don't have enough common sense to not smoke on thier own.
Bunch of farkin retards...... ;)
(runs and ducks behind barrel)
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rock hits the barrel milliseconds too late
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:p
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The world has gone insane.
Can they fire gay men too because of the added risk of contracting AIDS?
I mean, it's all about health insurance, right?
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The safety nazis have finally won!
:rolleyes:
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Oh boy, I hope people that drink caffienated drinks are next in line. Their heightened heart rate and blood pressure turn them into a sped up ticking time bomb!
-SW
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I'd guess they'll go for the fatties and the alkies next.
Then.......... THE BUTTER KNIVES! AaaAAuUUUuUGgGGHHHH!
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GOOD! fire the cancer stick suckers!!!!
I don't get the whole smoking thing...
LETS turn our lungs black..i can't stop i'm addicted!! BS
Now thy wont have the MONEY to pay for their tabacco twigs...
STAND UP SPEAK OUT!!!!! TRUUUUTH
THE megaSTUD :D
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Originally posted by Muckmaw1
The world has gone insane.
Can they fire gay men too because of the added risk of contracting AIDS?
I mean, it's all about health insurance, right?
Only gay men who are catchers and not pitchers can be fired for this reason.
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I demand that hollywood make more movies with ugly women
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well.... you guys are the ones who keep telling me how crazy I am for wanting to end womens suffrage...
Welcome to moving back in with your mom kerrie voting sissy boys.
lazs
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To be able to fire someone who engages in a LEGAL activity away
from work at his home?
Well there is something really wrong with this and I think that If they pursue this the courts will agree with them.
I will refrain from commenting on the wisdom of relying on the Courts to vidicate rights that are not enumerated by the duly elected legislatures.
Under the common law you could be fired for any reason whatsoever, or no reason whatsoever. The so-called "at-will" employee. This has been modified by Federal and State law--insofar as it identifies certain groups, and activities that are per-se illegal to base personel actions on, e.g. race, color, religion, gender.
A quick search of federal and state laws demonstrates that smoking, and indeed smokers, are not an activity or population that are protected from arbitrary termination.
The idea that one can engage in activities, legal or not, with impunity (no consequences) is a uniquely modern concept. If one chooses to smoke, they are welcome to (for the time being), however, if they are not protected from the consequences of such actions, e.g. higher health premiums, ridiclue from more intelligent life-forms, and it seems termination from thier place of work.
The more intelligent argument would point out that several of these employees had been hired as smokers, a fact known to management, and that to change the rules mid-stream breeched an implied contract of employment . Thus making the termination illegal under a contract theory.
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I love the way the liberals howl when it is their ox being gored...
What, you didn't think they would get around to you?
lazs
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Coffee drinkers have a higher risk of anal warts we must fire all of them... Muhahaha
TOJO
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Originally posted by jEEZY
I will refrain from commenting on the wisdom of relying on the Courts to vidicate rights that are not enumerated by the duly elected legislatures.
Under the common law you could be fired for any reason whatsoever, or no reason whatsoever. The so-called "at-will" employee. This has been modified by Federal and State law--insofar as it identifies certain groups, and activities that are per-se illegal to base personel actions on, e.g. race, color, religion, gender.
A quick search of federal and state laws demonstrates that smoking, and indeed smokers, are not an activity or population that are protected from arbitrary termination.
The idea that one can engage in activities, legal or not, with impunity (no consequences) is a uniquely modern concept. If one chooses to smoke, they are welcome to (for the time being), however, if they are not protected from the consequences of such actions, e.g. higher health premiums, ridiclue from more intelligent life-forms, and it seems termination from thier place of work.
The more intelligent argument would point out that several of these employees had been hired as smokers, a fact known to management, and that to change the rules mid-stream breeched an implied contract of employment . Thus making the termination illegal under a contract theory.
So basically you can smoke all the c*ck you want, but light up a cigarette and your out.
Like I said, the world has gone crazy
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So basically you can smoke all the c*ck you want, but light up a cigarette and your out.
Depends on what state it occurs in--however after Texas v. Lawernce (sodomy case)--it seems that your assertion is correct. That being said several states do not recognize "sexual preference" as a protected group, thus smoking "c*ck" [sic] would not be a protected activity,
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disgusting, maybe lazs will have a use for all those guns in his lifetime afterall...
"
Welcome to moving back in with your mom kerrie voting sissy boys. "
its not just the liberals
http://calgary.cbc.ca/regional/servlet/View?filename=ca-smoking-cabinet20050125
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vort... to me... All canadians are liberals. they are the barbara boxers of the human race.
lazs
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Originally posted by jEEZY
The more intelligent argument would point out that several of these employees had been hired as smokers, a fact known to management, and that to change the rules mid-stream breeched an implied contract of employment . Thus making the termination illegal under a contract theory.
BINGO!:aok
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Originally posted by JB73
i just thought of something....
what if you did quit as of Jan 1 like the company wanted....
but use the patch or gum?
they have nicotene in them, and it would show up on a test.
<> these anti smoking NAZI's it's like prohibition
The policy was they had to have quit by the 1st. The company gave notice ahead of time that it was going to happen and offered to help the employees quit. I would assume this meant you had to have quit it all and been clean.
Dumbest policy ever. I worked in tech support for a major internet company 5 years ago. They were getting ready to send all our jobs out west (unknown to us) and mysteriously our paychecks happen to not arrive the Friday before Christmas. (christmas was on Sunday I think) Anyway our boss offered to drive to go get them (400 Miles) they told him no they couldnt do that....Needless to say we lost around 100 employees that day....The next friday drug tests were given out randomly (looked selective to me) and reduced that number even farther.
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quote:Originally posted by jEEZY
The more intelligent argument would point out that several of these employees had been hired as smokers, a fact known to management, and that to change the rules mid-stream breeched an implied contract of employment . Thus making the termination illegal under a contract theory.
wouldn't work as a legal theory most likely
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I'd smoke all the way to the unemployment line lol
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You guys keep saing THEY and the WORLD. BS. We are doing this. We are not a free country in the way we think we are. Spent some time in that dreaded place (EU) and you will see. We let this place become what it is and now we complain.
Wellcome to the land of the free (to do everything we are told to do)
MosGood, any room behind that barrel?
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Originally posted by Raider179
This is hilarious. Some jobs dont even drug test but they throwing in a nic test is too much.
the only job i know of with out drug tests is baseball player.
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Its capitalism at work. Company wants to save money. I'm sure they can find enough non-smoking workers. If they don't like it, they can find a new job.
So if you don't like America, you can leave. :D
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It's about time to make smoking illegal like the rest of the drugs.
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i have no knolege about this company, is it a private one?
if so, good for them- they just pulled a smart move.
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Originally posted by hawker238
Its capitalism at work. Company wants to save money. I'm sure they can find enough non-smoking workers. If they don't like it, they can find a new job.
So if you don't like America, you can leave. :D
capitalism?
you mean corporatism dont you?
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Originally posted by Siaf__csf
It's about time to make smoking illegal like the rest of the drugs.
Yep and lets add booze to that list as well.
After all it kills more people that cigg's do.
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Originally posted by JB88
capitalism?
you mean corporatism dont you?
I see a company maximizing its profit margins. What's the difference?
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I believe the company is in the health care industry. still no excuse for this junk.
My question is do the employees have a chance to opt out of the insurance and purchase their own? Or just fired
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instead of making them give up for health insurance reasons, they should swap health insurance for 40 a day.
this way their employees wont even need a pension.
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banning anything is very difficult. the way the busybody women in the world do it now is indramental....
to first demonize something and then get all the droolers and followers to get up in arms about it.. try to shame the users of the thing you want bannned and demonize them by association. Make it simply not cool to participate in the targeted activity and.... ALLWAYS ..... somehow... bring the safety of children into the mix....
Get the egghead social misfits like michel moore and hollywood and professors and "educators" on board and then the nannies can get what they want.
lazs
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It's all "for your own good". Trussssssssssst them.
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Is a great Album. Probably Top 6 All-Time.
Karaya
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Originally posted by hawker238
Its capitalism at work. Company wants to save money. I'm sure they can find enough non-smoking workers. If they don't like it, they can find a new job.
So if you don't like America, you can leave. :D
Yeap, that solves everything. How about, I like America but not a few of the idiots in it. Can we vote them of the country?
It these attitudes that lead to this crap. People figure if it does not affect them then its proly a good idea. Ban everything I don;t like. Until one day, its their turn. Then they somehow change their minds. Ofcorce, some people are just too stupid to understand whats going on.
My list,
ban TV and video games (they distroy children). Ban beer cause it causes alchoolism and driving accidents (and it is bad for kids). Ban books cause some of them have material I don't aprove of, Ban sex cause I am not getting any (and teens can get preagnent) , Ban guns cause they kill people (and kids), Ban the itntard net cause it contains information I or my religion don't aprove of, Ban meat cause I am a vegeterian (cholesterol kills anyway), bla bla bla.
All great empires had their ups and their downs. This one has seen its peak a while back. Injoy it while you still have it.
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i thought we were way cooler before we became an empire. IMHO.
but as things go, our hair falls out, our man tits grow and the next thing you know we are swilling presription meds with our cheap beer and yelling obscenities at sit-coms in our wife beater tee.
maybe we need a makeover.
or maybe we just need to be loved...is dat so wrooooooong?
lol.
naw.
were still punks man. well always be punk. well always be cool.
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Yep and lets add booze to that list as well.
NOOOOOOOOOOOOOO!!!
We can't do that.. I never drink water, what would I drink then?
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Originally posted by Siaf__csf
It's about time to make smoking illegal like the rest of the drugs.
And Alcohol.....no wait a minute we tried that.
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There'll be fighting in the streets.
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Welcome to the corporate state.
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welcome to the machine.
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sheesh... you guys vote for democrats and allow women to vote and then wonder why your life is getting more and more like moving back into your old room at home with mom? Maybe you shouls ask your wife/girlfriend how to feel about it?
lazs
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Originally posted by lazs2
sheesh... you guys vote for democrats and allow women to vote and then wonder why your life is getting more and more like moving back into your old room at home with mom? Maybe you shouls ask your wife/girlfriend how to feel about it?
lazs
Thank god for real men like lazs.
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Originally posted by lazs2
sheesh... you guys vote for democrats and allow women to vote and then wonder why your life is getting more and more like moving back into your old room at home with mom? Maybe you shouls ask your wife/girlfriend how to feel about it?
lazs
who you talkin bout laz. i voted libertarian.
speaking of your mother, hows the cooking? she still bring it up the stairs for you like a good little woman?
you smack her when she acts up right?
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Muckmaw,
If it ever comes to a company trying to fire a worker because he is gay, they won't have a leg to stand on. Also, AIDS can be caught by any gay man regardless of whether he is "catching" or "pitching."
The reason being because they are ambidextrous, or something like that.
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Lasz, where do you buy your bait? I never get that many strikes with the kind I use.
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Originally posted by Shuckins
Lasz, where do you buy your bait? I never get that many strikes with the kind I use.
it aint fishin when the fish eats you. - ancient JB parable.
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don't see anything wrong with the policy
who are you to say how to run someone else's business
ain't breaking any laws, don't like it quit, no one forcing you to stay
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Originally posted by GtoRA2
WoW
Can they do that??
Fat people next if they get away with it.
:D
Well that would be one way to get them to loose weight.
No job,. no money for food.
Might even work better then the Atkins diet and if thats the case Im all for it.
then the price of beef might drop to a semisane price again LOL
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Freedom of choice is such a cool concept, you guys should try it some time.
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If you ban Ciggarettes, you're going to have a revolution on your hands. I swear to god that they'll take over the capital faster then any french military has ever surrendered before.
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go ahead. say that word again.
:mad:
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well... when my mom visits she does cook for me... she somethimes even tells me what she thinks I should do. I never hit her tho. I don't hit any women. Never have. Not much point to it really.
lazs
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It seems that the Fat people are the losers this time...
US businessman targets fat employees with slim or quit threat
27 January 2005 10:42
The owner of a US company who forced his employees to quit smoking or leave their jobs has now said he also wants to tell fat workers to lose weight or else.
His ban on tobacco use, at home or in the workplace, led four employees to quit their jobs last week at Michigan-based Weyco, which handles insurance claims, reports Reuters.
The employees refused to take a mandatory urine test required of Weyco's 200 staff by founder and sole owner Howard Weyers, a demand he said was legal.
"If they don't want to take the test, they can leave," Weyers told Reuters. "I'm not controlling their lives; they have a choice whether they want to work here."
Overweight workers are next in the firing line for Weyers.
"We have to work on eating habits and getting people to exercise. But if you are obese, you are protected," he said.
He has brought in an eating disorder therapist to speak to workers, provided eating coaches, created a point system for employees to earn health-related $100 (£53) bonuses and plans to offer $45 (£24) vouchers for health club memberships.
Last year, Weyers banned smoking during office hours, then demanded smokers pay a monthly $50 (£27) "assessment," and finally instituted mandatory testing. Twenty workers quit smoking as a result.