crybabylu's tags:

A friend of mine is a server in a fancy restaurant and have been at the same restaurant for 5years. She is a heavy smoker and takes a quick smoke break every hour or 2 but she is very good at managing her tables. She is not alone in this habit, at least 1/2 of the girls smoke regularily and they all cover for each other while they take a quick smoke break.


Does he have a right to not promote her to shift manager for this??



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Comments

  • anonymous said on Jun 25, 2008....

    Yes. You're likely an at-will employee, meaning he can deny you a promotion - or even fire you - for any reason as long as it's not discriminatory based on race, religion, ethnicity, gender

  • theduke said on Jun 25, 2008....

    Sure it is legal. She needs to do herself a favor, and quit smoking!

  • uniquely-ironic said on Jun 26, 2008....
    Because smoking is not a handicap (legally anways) he can withhold promotion as long as he likes.  In fact he does not have to give a reason for not promoting her.  Unless he passes her over for someone with less qualifications who also smokes she really cannot build a case for herself.
  • crybabylu said on Jun 26, 2008....
    Thank you, unique.
  • crybabylu said on Jun 26, 2008....
    Thanks to duke and anon.

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