The Smoking Employee: Diana’s Case (Case Study Sample)
Case 1: The Smoking Employee
Diana wanted to stop smoking, but smoking seemed to provide the only release from her hectic life. She worked in a building were smoking was not permitted, so she could only smoke outside on her breaks. Most of her fellow smokers would stand around the back door to smoke, but Diana liked to sit in her car and listen to music while smoking on her 15-minute breaks.
One day, as she had done many times before, Diana was sitting in her car smoking on a break. This time, however, the owner of the business looked out the window and saw Diana smoking in her car. For some crazy reason, the employer thought Diana was smoking marijuana -- although there was no basis for this conclusion. He fired her the moment she returned from her break.
What are Diana's rights? Is this legal at present? Is this fair in your opinion? Are there Constitutional issues here? Is it a breach of an employment contract?
The Smoking Employee
The Smoking Employee
In Diana’s case, it must be noted that her firing was unjustified, discriminatory, and against the law. Diana has a right to privacy. When she is on her breaks, she is free to act as she wishes since she is on her own time. Furthermore, it is also important to note that Diana was smoking in her car outside of the building inside of which smoking is prohibited. In this way, Diana does not violate any codes of conduct or any laws regarding smoking.
Secondly, it is vital to also note that Diana was not fired because she smoked marijuana, but because her employer assumed sh
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