Solution: Employee Choice

Background

One claim made by those who are in favor of a ban, is that employees are trapped in smoking establishments. The overwhelming majority of smoking establishments are in the hospitality industry, and the hospitality industry has one of the highest turnover rates of any industry. However, to ensure that no one is "trapped", we provide this solution.

Purpose Of Plan

This plan is designed to address issues of employment and the ability of employees to work in a non-smoking environment.

Plan Overview

Employees currently can be "forced" to apply to work in a smoking environment, due to current unemployment laws.

Plan Strengths

This plan prevents those on unemployment from having to take a position in a smoking environment as part of current unemployment laws.

This plan provides the opportunity for employees currently employed in smoking establishments to leave their current employer and be eligible for unemployment.

Plan Weaknesses

This plan does not address current or future abuses of Kentucky's unemployment system.

This change would have to take place at the state level, rather than the local level.

Plan Details

Phase One: Unemployment. In order to keep unemployment benefits, Kentucky may require a person to apply at a place of business which allows indoor smoking. Pass a law which modifies this policy.

Phase Two: Job Switch. On a date in the future, non-smoking employees working in a smoking environment would be given a one month window to give the proper 2-week notice (unless otherwise specified in contract between the employer and the employee) to their employer, and still be able to claim unemployment.

Results

Those currently seeking new employment through the Kentucky Unemployment system would no longer have to accept employment at any establishment which allows indoor smoking.

Those currently employed in smoking establishments would have an avenue to find new employment.

Employers who currently allow indoor smoking are given the business decision as to whether or not to continue allowing indoor smoking.