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Federal Court refuses to dismiss ERISA claim. Employer’s policy prohibited employees from smoking tobacco products at any time regardless of whether they were in the workplace or not. The plaintiff was fired for having tested positive in a urine test. The purpose of the policy was to save money on medical insurance costs and promote healthy lifestyles among employees. The plaintiff claimed that his termination violated Section 510 of ERISA because the company’s action “interfered with” his participation in the company’s employee benefit plan, which he would have been entitled to had he remained employed. The plaintiff has also filed an invasion of privacy state claim. Rodrigues v. Scotts Co., LLC, 07-10104 (D. Mass. Jan. 30, 2008)Read More

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