While some states in the United States have laws that prohibit or limit employers from firing their staff for legal off-duty conduct. However, in many states, employers can still fire their employees for using smoking or using medical marijuana, drinking alcohol, and even recreational activities. Depending on the state you reside, an employee can claim intrusion into your seclusion, invasion of privacy, or other privacy rights depending on the level of intrusion. However, majority of bosses have limited privacy rights. As such, an employer should not be able to fire an employee if he or she finds him or her lighting up marijuana at a party.
As a general rule, off-duty actions that might result into termination of duty is something damaging or criminal to the image or reputation of the employer, or something that opposes the interest of the employer such starting up a competing firm or working for competing firm (Steingold 75). However, this depends on the state, an employer might be within the rights to terminate service an employee even if the activities takes place outside the premise on personal time of the employer. In Michigan, firing an employee for lighting up marijuana at a party is within the limits of law (Steingold 34). Employers should not become oversensitive to what employees do after job unless it compromises their ability to perform their duties or if it affects the reputation of a business within the society.
In conclusion, employers should not fire their employees for lighting marijuana at a party because it might amount to invasion of privacy rights, but this becomes a problem as majority of employee have very limited privacy rights. However, employees should be wary as bosses are watching.
Work cited:
Steingold, Fred. Employer’s legal handbook. Berkeley, California: Nolo. 2011. Print.
