Got written up for vaping inside at work

[fifamymaingame]

Work at gas station just gotten taken over by a new company so we weren't given a employee hand book nor nothing said about it in the re apply

I live in colorado and there is no indoor vaping ban except schools I looked up the laws and told and showed my boss and she's now telling me I'm going to have a meeting with the district manager about it

As far as I know my city doesnt have a ban on other work places

I get a company's policy can state that I can't but if I was never informed can they still keep the write up valid?

 

[Opinionated]

I would expect that something like that would fall under common courtesy - vaping is something you do on break at most places of business and a gas station would fall under the normal if your dealing with customers, same as any other retail establishment.

So yes, they can write you up for something even if it's not written in policy. They can write you up for making out with your girlfriend or boyfriend on the clock in front of customers too, even if it's not specifically in the written rules.

Some things are just expected socially courteous behaviors in a place of business. Waiting until your on break to do break-type activities like vaping is a given.

 

[Ralph_K]

I guess they can do what they want. Sounds like not very good people to work for

 

[bombastinator]

If they’re not going to fire you over it It shouldn’t matter all that much. Companies can do more or less whatever they want to you if there’s no union. This is both why there used to be a lot of unions and why there aren’t anymore. In any case if you were responsible for knowing what was in the employee handbook on the day you got zapped there’s little anyone could do.

 

[fifamymaingame]

Thing is once the new company took over we just re applied no handbook or policy meeting still haven't

So if it's not a written rule in the policy and I'm not informed if policy and abiding by state laws simply stating there is no ban that vaping and smoking are two different things

I feel wronged

 

[Opinionated]

Thing is once the new company took over we just re applied no handbook or policy meeting still haven't

So if it's not a written rule in the policy and I'm not informed if policy and abiding by state laws simply stating there is no ban that vaping and smoking are two different things

I feel wronged

So basically your saying you have no understanding of what socially courteous behavior is and feel that as a representative of your company they must hold your hand and explain and then mandate common courtesy.

It's a wonder you weren't fired.

Your not a customer, your at work which means your supposed to be working - not blowing clouds. Grow up. Vape on break.

 

[score69]

Yeah, unless you work in a vape shop, my guess is this doesn't fall under acceptable behavior.

I used to work in an office environment/cube farm. When vaping first became popular, many folks would just sit in their cubes and blow clouds. I knew that wasn't going to last long.

We quickly had a 'revised' employee policy that vaping was considered the same as smoking and had to be done in the smoker's area outside. Not sure how anyone expected any different result.

Regardless, yeah companies can pretty much do what they want. Agree with Opinionated, take the writeup, vape on break and be glad you still have a job. In GA, an employer can fire you at pretty much any time with no explanation, as long as it doesn't violate a federal discrimination law, etc.

Thankfully, I work at home these days, so it's not an issue. Even if I didn't, when I sneak a vape in public, it's not from a cloud chucker tank. I also carry a small device/tank with 18-24mg juice that I can use for a quick low-wattage MTL vape if I need to sneak one. Even then, at work, I would have stepped into the bathroom to do this. I don't do it openly, and can usually get a good MTL pull without exhaling noticeable vapor.

Even though we know it's isn't smoke and think most folks shouldn't mind the smell, people get offended. If I'm in my car, on my properly, etc screw them. If I'm in public, all we do is hurt our cause if we promote inappropriate behavior.

 

[fifamymaingame]

In Colorado vaping and smoking are two different things there is no indoor ban and they can't just expect no one to know not to unless there is a sign and can't expect an employee to know if I was never given what the new company's policy is

I could careless about courteous or bad manners

If something isn't legal or not allowed I mean we have sings for lotering no shoes no pants no shirt and no smoking at the pump signs but nothing about vaping inside or out

I don't feel I'm doing anything wrong when the law says it's ok I'm going to do so unless a company has a rule and I cannot be aware if these rules if I'm not handed a book stating it's not allowed nor am I informed with out a sign one of two need to happen

 

[fifamymaingame]

So basically your saying you have no understanding of what socially courteous behavior is and feel that as a representative of your company they must hold your hand and explain and then mandate common courtesy.

It's a wonder you weren't fired.

Your not a customer, your at work which means your supposed to be working - not blowing clouds. Grow up. Vape on break.

In 4 years of working there I have never had one lunch break tho I work over 8 hours yeah its a gas station but by law I'm entitled to a break yes?

 

[zoiDman]

...

I could careless about courteous or bad manners

...

This ^^^ is something that will Hold you Back in your working career. And for that matter, Life in General.

 

[Beamslider]

It doesn't matter what the law considers vaping vs smoking. If the employer says you can't. You can't.

 

[stols001]

@fifamymaingame , I completely understand your frustration about being written up, especially if it's something that you used to be able to do. A private business can make ANY changes at any time, and if it's a "fire at will" state, well, there isn't much you can do. Consider your work environment the same as your employer's house. If you don't know if you can do something, ask, or don't do it.

I really wouldn't try to pursue the "no break" and "I wasn't told issue" honestly. Not if you want to remain employed. I would politely ask if you can take a couple vape breaks outside, and then if you are told no, find a better employer for you. Most private employers I know have a no vape indoor policy, so it's not something unusual to run into. It has been my experience that taking on a private employer-- especially because you feel slighted-- is shortsighted behavior that often leads to a firing that you will have to disclose to every other future employer. My advice is that if you don't like the new regime, play along and find a better employer. The state isn't going to care much about your beef with a gas station. I'm sorry to say it, but they really won't care, ever.

Anna

 

[fifamymaingame]

Every where here in Colorado had a sign if place of business says no vaping year ago walmart never said .... now there are signs that's acceptable I'm ok with that now I know

If I don't know I can't be expected to just know customers vape in store bosses used to never say anything to them nor I my district manager caught me exhaling juice off my coils because my rta was leaking asked if if I was e ciging inside I asked if she knew there was a no indoor ban and If she knew vape law she replied no and asked for me to do it outside i said no problem but tried to show her the vape laws for every state she refused to even look so I read it out to her said I don't doubt the company's policy that I can't but I was never given a policy or handbook of rules

Literally got signs for no smoking at the pump no pants no shoes no shirt no service no public bathroom no this and that how am I to know vaping isn't allowed literally every place of business I go has signs stating if it's ok or not

Vaping don't follow under the smoke free law in colorado

No one was around customer never seem me drag in front of them do it in bathroom where we have great fan usually have door open how so it never lingered

I'm not pushing the issue further but I do feel it's my right to see a policy so I know what's allowed to do my job effectively


Even my dm don't know the policy or not ! Said she needs to ask the vp

 

[Beamslider]

Well the absence of a sign posted doesn't make it ok

 

[stols001]

Look the argument isn't valid. It doesn't matter if there was a sign or not. I am sympathetic because you weren't told. Your employer could have given you a verbal warning and asked you to stop. But I GUARANTEE that pursuing the matter with whatever agency you are thinking of, it's not going to get you anywhere.

If you are this upset with it, put your energy into finding a different job. OSHA would laugh at you, they genuinely would. The State can make rules about vaping but it doesn't supersede a private employer's right to have a vape free environment. Depending on how long you worked there without a break, you could conceivably get back pay or other compensation from your employer but it will NOT make your work environment friendly, and unless you've been there for decades, the "backpay" from no breaks will likely NOT cover the cost of your attorney fees.

Let it go, and move on either whether where you are, or where you are more comfortable (another job). Drop the vaping thing, it's not going to get you ANYPLACE good.

Anna

 

[fifamymaingame]

Had to editing the post

I don't dispute there is a no vape policy

But if my boss don't know won't ask anyone

Dm don't know state law nor company policy and still doesnt then What

If no one knows how am i suppose to know

The localities that have inside vape bans have signs every where

With out that how is the common resident to know or not? Literally law says if other work places are allowed to have a vape ban


I'm trying to be reasonable and responsible

But if no one knows for sure how can I be held responsible if I'm unaware of a company's policy?

 

[stols001]

You are responsible for knowing your employer's policy and if you are not sure, asking. If it was a new owner, I probably would have asked up front if vaping is okay, but I've had quite a bit of experience dealing with "new" policies that don't make it to every employee in a timely fashion. Unfortunately, "I wasn't told" just isn't a valid argument. Your employer can fire you if they think you are looking at them funny. Most usually don't, but the fact of the matter is, you were not fired, you were written up. Just Move On.... If you really feel you were wronged, contact an employer attorney or two. Often they will give a free consultation, and either tell you you have a case (unlikely) or that you don't.

If you "have a case" just know that you are going down a rabbit hole that may wind up with you unemployed, or a very, very hostile work environment. Is it worth it? Remember, any firings will have to be disclosed, and yours would be violating company policy and then attempted retaliation against the company. Most employers aren't a big fan of those types of firings, and honestly, it's not worth it.

Just... trust me on this. Move on to just dealing with the fact that you'll need to ask for a couple vape breaks, and/or move on to another company. I'd ask about vaping up front, since you seem all fired up about it at the moment. Most private companies other than vape shops are not going to want you to vape inside. Period. The fact that you were able to before is actually the fact that shocks me. If I owned a gas station, I would not want my employees vaping inside, it makes it an unfriendly environment to customers.

Anna

 

[zoiDman]

Had to editing the post

I don't dispute there is a no vape policy

But if my boss don't know won't ask anyone

Dm don't know state law nor company policy and still doesnt then What

If no one knows how am i suppose to know

The localities that have inside vape bans have signs every where

With out that how is the common resident to know or not? Literally law says if other work places are allowed to have a vape ban


I'm trying to be reasonable and responsible

But if no one knows for sure how can I be held responsible if I'm unaware of a company's policy?

Just Me.

But if the Ownership Changed where I worked, I would go to my Boss with something like...

"Umm... I like to Vape while on the clock. And that was OK before. So is it OK now?"

And if they say "No. It Isn't.", I would say "OK. Just wanted to make sure." And then I would consider just how much I want/need My Job.

And if they say "Ah Hell Yeah. Fog Up the place Dude.", I would say "Cool. Just wanted to make sure."

But like I said, that's just me.

 

[fifamymaingame]

Colorado all they can do is call and ask is there re hireable they can't disclose anything further

 

[Beamslider]

Colorado all they can do is call and ask is there re hireable they can't disclose anything further

And generally...that is enough