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Forum Thread

Smoking Ban and Termination

214 84 September 17, 2012 at 05:19 PM in Chat
In Illinois we have had a smoking ban for over 4 years which is long enough for everyone to have heard of in our state. I servie copy machines and do network maintenance and am being forced to go into an accounting firm in Central IL that feels that the smoking ban does not apply to them. The building smells, there is heavy smoke in the air, and the owner is kind of like a dragon. She doesn't even have a cigarette in her hand but she still will have smoke pouring out of her mouth after speaking 2 complete sentences.

Can I be fired for reporting them to the authorities and for letting them know that the reason I am unable to give them good service is due to the fact that I feel ill and get a migraine while in the office and cannot perform under the current circumstances?

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Joined Oct 2007
Get over it
> bubble2 5,807 Posts
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AngryPirate
09-18-2012 at 11:29 AM.
09-18-2012 at 11:29 AM.
Quote from chewspam :
Well you just took that one to an illogical place didn't you? Crazy

FYI......roads are public, not private.
what if a business owner (or homeowner...both on their private property) decided they wanted to do some target practice out their window? And for examples sake, we'll say that they're not even doing it wildly, like firing the weapon in the air, etc....just shooting at a target or something. But if you were the business owner next door, you don't think it would have an ill effect on potential clients visiting your business? And from the homeowner angle, are you really gonna let your kids go outside and play when the neighbor is shooting his weapon?
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Joined Dec 2007
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chevvy
09-18-2012 at 11:39 AM.
09-18-2012 at 11:39 AM.
Quote from AngryPirate :
what if a business owner (or homeowner...both on their private property) decided they wanted to do some target practice out their window? And for examples sake, we'll say that they're not even doing it wildly, like firing the weapon in the air, etc....just shooting at a target or something. But if you were the business owner next door, you don't think it would have an ill effect on potential clients visiting your business? And from the homeowner angle, are you really gonna let your kids go outside and play when the neighbor is shooting his weapon?
This is an illogical hypothetical that doesn't compare to the current discussion. Firearm laws are not the same as health code laws. However, not even your scenario is banned by law as long as certain guidelines are followed....at least in my county they aren't. laugh out loud
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Joined Sep 2006
IVIodel citizen
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Fallacy
09-18-2012 at 11:42 AM.
09-18-2012 at 11:42 AM.
Quote from chewspam :
Firearm laws are not the same as health code laws.
But why should one set of logic apply to one and not the other? [prosecution vs. prevention. security vs. freedom. etc.]
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Joined Oct 2007
Get over it
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AngryPirate
09-18-2012 at 11:47 AM.
09-18-2012 at 11:47 AM.
Quote from chewspam :
This is an illogical hypothetical that doesn't compare to the current discussion. Firearm laws are not the same as health code laws. However, not even your scenario is banned by law as long as certain guidelines are followed....at least in my county they aren't. laugh out loud
It does compare. It discusses how one person's freedom can have an ill effect and be potentially dangerous to another person. And remember, you had the "freedom" to make an anaolgy to which we responded, yet you won't afford Max and I the same "freedom"? Seems contrary to the point your trying to make.

And you still haven't answered the question.
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Joined Nov 2003
The original gay....
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HeyLookItsMe
09-18-2012 at 11:51 AM.
09-18-2012 at 11:51 AM.
Quote from TexaS :
In Illinois we have had a smoking ban for over 4 years which is long enough for everyone to have heard of in our state. I servie copy machines and do network maintenance and am being forced to go into an accounting firm in Central IL that feels that the smoking ban does not apply to them. The building smells, there is heavy smoke in the air, and the owner is kind of like a dragon. She doesn't even have a cigarette in her hand but she still will have smoke pouring out of her mouth after speaking 2 complete sentences.

Can I be fired for reporting them to the authorities and for letting them know that the reason I am unable to give them good service is due to the fact that I feel ill and get a migraine while in the office and cannot perform under the current circumstances?
OSHA gives you a very limited right to refuse
to do a job if you have a reasonable, good faith
belief that you will be exposed to imminent
danger. As you might imagine, not every unsafe
condition qualifies as an imminent danger. A
workplace danger is imminent if:
• you face a threat of death or serious physical
injury, and
• the threat is immediate—that is, you believe
that death or serious injury could occur
within a short time period, before OSHA
could take any steps to remedy the situation.
If you are facing an imminent danger, you
should ask your employer to correct the problem,
ask your employer for other work, tell
your employer that you won't perform the work
until the problem is resolved, and remain at
the workplace unless and until asked to leave
by your employer. You should also immediately
call OSHA's hotline at 800-321-OSHA
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Joined Dec 2007
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chevvy
09-18-2012 at 11:54 AM.
09-18-2012 at 11:54 AM.
Quote from Fallacy :
But why should one set of logic apply to one and not the other? [prosecution vs. prevention. security vs. freedom. etc.]
Quote from AngryPirate :
It does compare. It discusses how one person's freedom can have an ill effect and be potentially dangerous to another person. And remember, you had the "freedom" to make an anaolgy to which we responded, yet you won't afford Max and I the same "freedom"? Seems contrary to the point your trying to make.

And you still haven't answered the question.
These are two separate areas of rights dealt with in two separate articles in the bill of rights. All men are created equal; not all laws.
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Joined Oct 2007
Get over it
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AngryPirate
09-18-2012 at 11:57 AM.
09-18-2012 at 11:57 AM.
Quote from chewspam :
These are two separate areas of rights dealt with in two separate articles in the bill of rights. All men are created equal; not all laws.
It seems like your dancing around the questions.

Your analogy had no more relevance to the original question than our analogies, yet we played along.
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Joined Sep 2006
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Fallacy
09-18-2012 at 11:58 AM.
09-18-2012 at 11:58 AM.
Quote from chewspam :
These are two separate areas of rights dealt with in two separate articles in the bill of rights. All men are created equal; not all laws.
That's a politicians answer. (Lots of words, not a lot of context)

Why should firearm laws be allowed to invade more freedom than healthcare laws?
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Joined Dec 2007
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chevvy
09-18-2012 at 12:08 PM.
09-18-2012 at 12:08 PM.
Quote from AngryPirate :
It seems like your dancing around the questions.

Your analogy had no more relevance to the original question than our analogies, yet we played along.
laugh out loud I can't help it if you guys don't know your constitution. But to put a finer point on it, a person who uses a firearm is responsible for the bullet no matter where it lands and can be held liable for anything or anyone it hits. Here, unless you have a designated and license indoor range, you must be 100 feet or more than any dwelling in order to fire your gun on private property. So you have all the rights you want with your firearm on your property as long as you're within 100 feet of a dwelling or business. Your example asked what I would do if my neighbor were doing something like that. Well as long as his bullet didn't enter my property, then we are fine.

Now back to my point that they are two different laws. The second amendment deals with firearms, the fourth with the states rights, and the nine and tenth deal with congressional power that often influences states which influence cities and counties to implement smoking bans (Health and Human Services).

Quote from Fallacy :
That's a politicians answer. (Lots of words, not a lot of context)

Why should firearm laws be allowed to invade more freedom than healthcare laws?
Two sentences is a lot of words? Have you even read the laws we've been talking about? Roll
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Last edited by chevvy September 18, 2012 at 12:10 PM.
Joined May 2008
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jj.12321
09-18-2012 at 12:14 PM.
09-18-2012 at 12:14 PM.
Quote from TexaS :
I told the boss, he sent another tech, and 2 months later I get the call again. The other tech is an hour to 1.5 hours away and I was 4 blocks. I am learning that I should not be as nice as I am and am thinking about going nuclear on this customer. I have a mild acquaintance in the local PD and If I can muster a quick $250 then a $500 fine the next set will be $2,500 a smoke from there on out. If I were to be fired life as usual will get very expensive for them. With a few people helping me they will either quit or lose about $10,000 in one week.
Just doesn't seem worth it.
You lose a job, they get fined a lot.
Just over some smoke?
I mean, come on.. it's not that freaking bad. Just do your job as quicklyi as possible and get out of there.
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Joined Nov 2003
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rayzac | Staff
09-18-2012 at 12:18 PM.
09-18-2012 at 12:18 PM.
chewspam's posts cause cancer.
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Joined May 2008
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> bubble2 1,445 Posts
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jj.12321
09-18-2012 at 12:18 PM.
09-18-2012 at 12:18 PM.
Quote from stealth :
So second hand smoke doesn't cause cancer in others? How is that "their choice"? Scratchchin
The effects of second hand smoke are greatly exaggerated.
They did this to get people behind all the lawsuits to sue the tobbaco companies and get more money for the government.

What about second hand exhaust smoke from cars as you are crossing the street?

The government only cared about second hand smoke because they saw a huge money grab (that their lawyer friends would also benefit from).
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Joined Mar 2005
Won Car from SD
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saint.
09-18-2012 at 12:20 PM.
09-18-2012 at 12:20 PM.
Government, please control me moar. kthxbye
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Joined Dec 2007
Brown Recluse Aficionado
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chevvy
09-18-2012 at 12:20 PM.
09-18-2012 at 12:20 PM.
Quote from rayzac :
chewspam's posts cause cancer.

Iagree.....but at least I didn't say anything about Obama.
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Joined May 2008
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jj.12321
09-18-2012 at 12:25 PM.
09-18-2012 at 12:25 PM.
Quote from Landers :
But those people have the option to not go to that business. No one is forcing an individual to go to that particular business for any reason. Those kinds of decisions should be up to the owner of the business. And on the note of the employees, you can choose to work there, or not. You don't have to apply to or accept a job at a place of business you don't want to work at.
Yep, I agree.
It seems that many bars were thriving when smoking was allowed.
If there was such a demand for non-smoking bars, how come few (if any) were ever started.
Seems like it would've been very profitable to have the only non-smoking bar in town if that's what people really wanted.
Oh yea, it was people that DIDN'T GO TO BARS that decided smoking should not be allowed in them. laugh out loud
So they pass this ban.. In our city, businesses suffered because all the smokers started patronizing bars outside the city.. So the fix was to ban smoking in the whole state.. laugh out loud Brilliant!

Why can't each individual bar decide to be smoking or non-smoking (same with resturants)?
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