Can an employer tell you not to smoke off of company property?

Question Details:

Tobacco use is not allowed on company property so some of use go off company property and park along the city street (which is allowed per city ordinance and PD) to have a smoke. We are allowed to go off the property for lunch. It was indicated to us that this looks unfavorable for us and we fear losing our jobs for something that has nothing to do with the employer. I feel whether it is done across the street or 5 miles away is legally the same.

Answered 6 years ago| Contributor
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to and retain an attorney to represent you.