Recommended Posts

Posted

Cigar-smoking boss faces fines

Source: Newsday

DEAR CARRIE: We work for a small company owned by a man who smokes cigars constantly in the office. Some of us have asked him several times to put out the cigars. He thinks he solves the problem by closing his office door. But the smoke seeps out. Now he doesn't even bother to close the door because the continued complaints have ticked him off.

The board of health came in one day because someone filed an anonymous complaint. They fined him $500. The next day he was at it again. The office situation is serious. One of the women is a breast cancer survivor who now has bone cancer.

I e-mailed the owner an article about the risks of second-hand smoke, without mentioning my co-worker's problem. The woman is afraid she'll be fired if she speaks up. I have just found out I am pregnant. My office is next to the owner's, and the smoke comes through the ceiling. I am afraid he won't stop. I would love to leave, but no one will hire me now because I am pregnant.

What can I do? If he won't stop, can I quit and collect unemployment? - Close and a Cigar

DEAR CLOSE: One thing you might consider is speaking with the company's attorney, if it has one.

Attorney Jeffrey M. Schlossberg, who represents employers, said he would tell your boss to put the cigar out. "Naturally, we would urge any client of ours to cease any conduct that could be considered a violation," said Schlossberg, a partner at Ruskin Moscou Faltischek in Uniondale.

He said New York State and Nassau and Suffolk counties have laws prohibiting smoking in most workplaces. While you're aware of the fines, your boss should be reminded. So put a copy of this column on his desk. Nassau's anti-smoking law provides for fines of up to $250 per day for the violations, Schlossberg said. Suffolk's law provides for first-time fines of up to $1,000. The fines rise for subsequent violations. The state's Clean Indoor Air Act provides for penalties of up to $2,000 per violation.

"Thus, the recalcitrant business owner faces stiff penalties for continued non-compliance," Schlossberg said.

If your boss refuses to comply with smoking laws, you might also want to talk with a personal injury attorney. It's a risky move, because you could lose your job. But if that happened, the boss could also face an additional charge of retaliation. As for your question about unemployment: Generally, if you quit a job, you don't qualify for unemployment benefits. You could claim a safety issue, but that might be tough to prove.

Posted

Interesting. Had a pregnant friend get early disability because the office she was in did not offer a non-smoking area. This was 15 years ago, but it was at the start of the trend towards anti smoking rules.

Posted

» Cigar-smoking boss faces fines

» Source: Newsday

» ...Nassau's anti-smoking law provides for fines of up to $250 per day for the violations, Schlossberg said. Suffolk's law provides for first-time fines of up to $1,000. The fines rise for subsequent violations. The state's Clean Indoor Air Act provides for penalties of up to $2,000 per violation.

Hmmm.... that boss must not be very bright, 'cause with the sort of money in penalties (+ possible associated lawsuits) he could buy himself a very advanced and sophisticated air purification and smoke extraction system for his office...

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.

Community Software by Invision Power Services, Inc.