Mdthbs

Be careful of ultimatums

You have every right to want a smoke-free work environment and are entitled to one by law. In your shoes, I would consider quitting myself. However, if you want to give them a chance to fix the problem you are simply more likely to achieve your goal by not making demands.

{Boss},

I had to leave early today because the smoke was bothering me. I would also like to request that you discontinue smoking in the office, as it is a serious health concern and something I do not want to be exposed to.

The e-mail is a good idea because it leaves a "paper trail". If your boss doesn't comply then ramp it up. Send a stronger e-mail citing the source from Mister Positive (New Jersey regulations).

According to {source}, it is illegal to smoke in the workplace. If it is going to continue, then I am not going to put my health at risk by coming in to work. I hope you choose to do the legal thing here.

Don't threaten lawsuits or regulatory committees. If you are prepared to go through them then just do it. I know I would be but you need to make that choice.

I'd also like to add the suggestion by Monica Cellio ♦, which is to use the word "deal-breaker". This word conveys that you are willing to quit over the issue without making demands.

To quote her comment:

I'm sorry, but I'm allergic¹ to cigarette smoke so smoking in the office is a deal-breaker for me (followed by "can we address this?" or similar).

^{1 See clarifying comment on use of the word allergic.}

You tagged your location as New Jersey. To be clear, what your employer is doing is very much illegal. Here are some references:

https://www.fda.gov/tobacco-products/compliance-enforcement-training/report-potential-tobacco-product-violation

https://www.nj.gov/health/fhs/tobacco/regulations/

You said,

I know that this is probably illegal but I don't know how to stop this.

Regardless of you quitting or not, your boss faces serious legal trouble and exposes himself to lawsuits for enacting this policy. If you're comfortable expressing that to your boss, you should do so. If you're not comfortable or he retaliates, it would make sense to no longer go to work, report him to the proper authorities, and call a lawyer.

Inform your manager that due to the "Smoke-Free Air Act of 2006" his actions are illegal.
Politely request he bring the office air quality up to code.

(I am not a Lawyer, this is not legal advice.)

HR is not your friend... BUT in this case, actually it's not your managers friend.
I wouldn't bother talking to your manager about this; at all.

He will know full well that he's breaking the law; and if he doesn't; it's not your place to tell him so. Trying to tell your boss what to do will ALWAYS end badly.

HR however may thank you for the tip off - as others say it might actually save the company a significant amount of money from building lease issues to law suits to cleaning. They'll be well aware that it's not legal. They'll also be in a position to enforce the issue should he say no.

Further to this; one of the very first questions should you want to start a law suit will be "well why didn't you tell HR - how can the company react if you don't report the problem; your manager is not the one responsible for health/safety/office". (IANAL)

I'd suggest the following :

• A brief formal request in email to stop smoking in the workplace, stating is a legal entitlement to have a smoke free workplace. Don't be inflammatory but simply state the facts.




• If that fails address your complaint directly to HR, emphasizing the health and safety and legal aspects. Health and safety concerns are normally the preserve of HR and they typically take them seriously.




• If you have a union talk to them about it. They can sometimes influence management (via HR) in a way that an individual cannot. Again unions typically take health and safety issues seriously.




• Failing that you have only one course of action : quit. You probably should state quite clearly that you tried and failed to have this matter addressed normally and have no choice to to leave for your own health. You have the option of speaking to a union or lawyer about a formal/legal route to seek redress, but that goes with the usual caveat that these are never quick procedures and they can cause as much (if not more) stress than the original issue did.

I know that this is probably illegal but I don't know how to stop this.

Keep in mind that you may not be able to stop this. Being right is not always the same as getting the right result.

I know I'm pretty valuable and my manager's said he'd hate to lose me.

But clearly this manager values their own gratification more than your work. Be skeptical about what they say. IMO, if it has reached this point then they do not value you or your work at all.

Would it be professional to just go home early and email my manager that I'm working from home until there isn't smoke in the office anymore?

No. As pointed out by others you are just complicating the situation. You could well be playing into the hands of a manager who would prefer to see you fired than to give up their smokes. Don't give your employers ammunition for firing you for not doing your job.

If the smoke has an immediate impact on your health (asthma, something like that) you should ask your doctor for a letter and address that to your HR department (or bosses boss) to seek immediate remedy by working from home or stopping the problem or changing department. Again if that gets you nowhere then leaving (or accepting the situation) is your only option.

Your manager allowing smoking, without consulting others, let alone considering the law, is quite unprofessional, but lack of professionalism on the part of others isn't blanket license for you to be unprofessional. If you find the smoke intolerable, the professional thing to do is to give your manager an opportunity to rectify the situation before just leaving work.

If your manager insists on smoking in the workplace, however, then it is reasonable to refuse to work there. I would not even consider it "quitting". Not only is not having smoke a reasonable expectation, it is legally mandated. Thus, this is grounds for a constructive dismissal claim.

Some good answers, but I think no one mentioned another important point: be prepared to get fired. A manager willing to violate the smoking law is also willing to violate laws against retaliation. And if he/she is of average intelligence, will not find it difficult to fabricate a plausible legal reason for the firing.

I’ve seen it happen, to me and to others.

Would it be professional to just go home early and email my manager
that I'm working from home until there isn't smoke in the office
anymore?

No, that would not be professional.

The professional thing to do when confronted with a difficult situation is to talk to your manager directly. If this is that important of an issue for you, then tell them so.

And if you don't sense that the manager will refrain, either transfer to a different department within your company, or start the process for finding a new job elsewhere. Apply, interview, get and accept a formal offer, give your notice, work out the notice period, and start your new job.

Whatever destination you choose, make sure you learn about their smoking policy before accepting the job.

It would be unprofessional to walk out early because you don't like being in the presence of illegal workplace smoking.

However, if the in-office cigarette smoke is making you feel sick, you are within your rights to take a few hours of sick leave and go home. Document it in writing and cc: corporate HR.

This is an extreme tactic that will burn bridges with your manager; don't go to this level until after you have shown the manager a copy of the law he is breaking (in email so you can document that you politely asked him to fix the problem and he refused) and given him a chance to fix the problem himself.

Is OSHA aware of this? It might just be a very good time for "someone" to "anonymously" tip them off.

They'll make an inspection and smell tobacco smoke. Problem solved without you having to say a thing to those smokers.

Never just leave without asking. Its right next to quitting. Wear a mask, seriously, a smoke blocking mask, they are not that much and worth the price compared to finding a new job. If you are really determined, it is illegal, you can report it anonymously, do it at a time that seems like someone else could have. But, most states have decent whistle blower laws, and he is risking your health. Do not leave work and don't use email to communicate with your boss. Always call, its old school, but it shows guts, and it won't be confused as something else, written works can be misconstrued. I might consider going into this "friend" of his' office and telling him to knock it the eff off, he's not your boss. Tell him the next cigarette smoked in his office by him is going up his nose lit end first. You must do it in a joking manner. Make it known to him its not ok, and bring out the alpha in yourself if you have it, stand tall, look him in the eyes and get as close to him as possible, that works for me but I'm 6'4 and 250lbs of Viking. And I do get very angry with disrespect like that, it almost sounds like their f77king with you to get a reaction. Whatever the case they are stupid and unprofessional and you may lose your job.