Court Upholds Firing of Paralegal Over Smoke Breaks
A New York appeals court has upheld a Rochester law firm’s decision to fire a paralegal who defied a policy that banned smoke breaks for hourly employees.
Karen Kridel had reportedly worked at the firm for more than a year and took a five-minute break in the morning and afternoon to smoke, the Associated Press reports. Kridel, who said the breaks re-energized her, claimed she often made up the time taking calls during her lunch break.
But the firm had banned smoke breaks for hourly workers outside of the lunch hour, and in 2006, it began enforcing it when five-minute breaks turned into 15 minutes, a half-hour and then one employee was found sleeping in a car.
The appellate division in Albany upheld Kridel’s firing and sided with a state Unemployment Insurance Appeal Board, which ruled that Kridel misrepresented her firing, the AP reports.
Kridel may now need to repay $3,000 in unemployment benefits. Although, according to the AP report, she is considering an appeal.
