Acknowledgement that he received the employee handbook

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"Employee hired into a construction company and signed an acknowledgement that he received the Employee Handbook. Contained in this handbook was a policy regarding smoking. It stated the employer was to be smoke free. Employee works outside most of the time and didn't think twice about this requirement. Employer received a complaint that employee was smoking on the roof of a building while making a repair and those inside could smell it. Employer called employee into the office and discharged him for violation of the employee handbook. Employee files for unemployment and a hearing with an ALJ is set t o determine if this was an improper discharge."  

Was the employer within their rights to do this?

Reference no: EM132196666

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