Employer forces employees to take breaks outside in dark by a creek that has snakes in it and refuses to allow employees to smoke or take breaks in their own vehicles outside on employer parking lot. Legal or illegal?
Why can't we take a cigarette break in our own car instead of being forced to go smoke by a creek that is snake-infested in the dark?
Contracts / Agreements Lawyer
Employers can have smoking policies. They have a right to say where people can and cannot smoke on their property. So snakes it is, or you could not smoke at work.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
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Personal Injury Lawyer
In Kentucky, you cannot be discriminated against for being a smoker, but you have to comply with all workplace rules. If your break is unpaid, you should be allowed to leave the property and smoke. But note, that the employer does not have to give you breaks for smoking, just an unpaid lunch period if you qualify (number of hours worked in a row) and a 10 minute paid break for every four hours worked.
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