pay review includes personal habits

[teyong]

What is the name of your state?What is the name of your state? Georgia

My question is about smoking and the work place.
I am an assistant manager; salaried, and I am up for a pay increase interview. My manager had a sit down talk about her people for this review. When my name came up the first question is that they were worried about store security because I do smoke.

I work in jewelry retail at a mall location. I always ask the manager to go outside which is a couple of stores down to the main glass walled doorway not out of sight to the store. When I go is that we are not busy, we have coverage and I only take two to three minutes.

I feel that my smoking has no bushiness being in the interview and should not be a fracture in my interview for a raise.

 

[Beth3]

I feel that my smoking has no bushiness being in the interview and should not be a fracture in my interview for a raise. And if you didn't leave the store to take smoke breaks, I'd agree with you. The issue isn't your smoking - it's that you leave the store periodically throughout the day. If your employer wishes to take issue with that, they may.

 

[teyong]

OK but have approval

State is Georgia



I would agree with you except that it has "not" been a problem with my manager. The manager gives her OK with me and one other person. The break is once in the morning and once in the afternoon. The question was raised by one member of upper management. If I didn't leave the store it would be against city law.

 

[Beth3]

Okay - but if they still want to take exception with your leaving the store - even with the approval of your immediate manager - they can. It may not be fair but it's not illegal.

 

[teyong]

State is Georgia

Beth,
I want to think you for your prompt response and I hope that in exploring this question that I an not arguing with you.

So to be fair; if I am requested not to have these breaks; by the way, the worst thing in the world is an ex-smoker , then this needs to be applied to the other assistant manager and employees. Should I asked if this is being done before I agree to the request if it is brought up?

Again thank you

 

[Beth3]

No, I don't think you're being argumentative, nor am I.

To be fair, yes, everyone should receive the same number and duration of breaks. But the law doesn't require employers to be fair and few States require that employers offer breaks at all. I don't know what GA reg's are on this.

What you also need to keep in mind is that there are usually higher expectations for members of management than other employees so while management may not have a problem with an hourly employee taking a break/smoke break with permission here and there, they may frown upon a manager doing that.

I wouldn't make too big a deal out of it but if you are asked to forgo taking these breaks/leaving the premesis then you might ask if that's going to be a rule for everyone.

 

[HomeGuru]

State is Georgia



I would agree with you except that it has "not" been a problem with my manager. The manager gives her OK with me and one other person. The break is once in the morning and once in the afternoon. The question was raised by one member of upper management. If I didn't leave the store it would be against city law.

**A: please cite such city law you are referring to.

 

[Beth3]

Homie, I think he's talking about smoking in the mall/retail shop. Loads of local ordinances prohibit that these days. He'd indeed have to leave the store and very likely the mall entirely to have a cigarette.

 

[cbg]

For the record, Georgia state law does not require any kind of breaks; meal, lunch, rest, anything. NO state requires an employer to offer smoke breaks.