joanna bujes Workers lost their job for working at home...
http://www.detnews.com/2005/business/0501/27/A01-71823.htm
Seems this should be against the law? Justin?
Joanna
^^^^^^ CB: The starting point in U.S. employment law is the employment-at-will doctrine. It is based on the legal fiction that the average employer and average employee have equal bargaining power in an employment contract, and that either party should be able to end the employment contract "at will", i.e. for no reason, on a whim or a caprice. So, the boss may legally fire you for no reason or for any reason. And you may quit for no reason or for any reason , lucky you. This is part of the even-steven, fair is fair, wagelabor-capital employment relationship.
This baseline is modified by collective bargaining (union) contracts and anti-discrimination law. Workers represented by unions may have rights that amount to a "just cause" principle, i.e. only being fired for a just cause or reason. Also, the civil rights movement has won that an 'ee may not be fired because of race, sex and some others, with race being the most suspect classification.
"Cigarette smoker" is not a suspect classification protected by employment discrimination laws. Most workers do not have collective bargaining agreements, and I doubt many of those agreements protect a right to smoke.
So,in answer to your implied question, this is probably not illegal in most cases. I guess it "should" be against the law.
By the way, the Bill of Rights does not protect individuals vis-a-vis private corporations or entrepreneurs. One does not have freedom of speech, religion, "expression", "press", from unreasonable search and seizure, etc. ; no due process at a private place of employment.
The Thirteenth Amendment does make slavery illegal even in a private enterprise, glory be.