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We have all heard the Surgeon General’s warning: smoking is bad for your health. Now, it seems a new label is needed stating that smoking is bad for your job. Recently a Massachusetts employee was terminated form his employment because he tested positive for nicotine. According to the employee, he never smoked on the job or during working hours. He did not smoke during breaks from work or in the presence of other employees or customers of the employer. In his complaint, the employee alleged that the company’s anti-smoking policy violates the Employee Retirement Income Security Act (ERISA) because it discriminates against the participants in the corporation’s health benefits plan for the purpose of interfering with their receipt of medical…Read More