Diana has a right to smoke as long as she does not engage in smoking inside the working building. As for her, she engaged in the legal action without tampering with her work schedule. Additionally, the employer has no proof that Diana was smoking marijuana as he has no drug tests to prove his speculation. Therefore, Dian has a right to sue the employer for making the employment termination discriminatory (Sipe et al 235).
Unfairness
The firing of Diana on the speculations that she was smoking marijuana is highly unfair. First of all, the employer has no proof that she was smoking marijuana. Second, she was smoking in her car far from the working building unlike other employees who smoked just at the working building’s back door. As a fact, those smoking next so close to the building should be fired and not Diana.
Constitutional Issues and Employment Contract
There are no federal laws in place that regulate employee smoking at the workplace, therefore, smoking varies significantly among different states, However, employers have the freedom to regulate smoking within the working place. For Diana’s employer, smoking is only prohibited in the working building and not any other place in the working place. constitutionally, Diana has a right to smoke at any place that is within the scope provided by the federal state. Constitutionally. More so, all employees are protected by the law against discriminative work contract termination.
A worker, as per the federal law, has no right to smoking break. However, Working Time Regulations 1998 allow for working breaks (Hunter, Emily and Wu 302), and whatever the employee does with their time is entirely up to them as long as it does not interfere with their workforce. therefore, Diana has all the rights to sue her employer for the unjustified firing.
Work Cited
Hunter, Emily M., and Cindy Wu. "Give me a better break: Choosing workday break activities to maximize resource recovery." Journal of Applied Psychology 101.2 (2016): 302.
Sipe, Stephanie Rader, et al. "Taking off the blinders: A comparative study of university students’ changing perceptions of gender discrimination in the workplace from 2006 to 2013." Academy of Management Learning & Education 15.2 (2016): 232-249.
