Colorado is one of the few states that has laws allowing certain employers to send employees home who smell of cigarette smoke and there are a number of these employers who exercise that right (mostly in healthcare and childcare). In addition, Colorado is an at-will employer state, basically allowing employers to take whatever steps they need to protect their business with very few limits. If an employer feels that your extracurricular activities are affecting your work, whether that be alcohol, recreational drugs, second jobs, or drag racing, they are permitted to counsel you on it and terminate your employment, especially if it is listed in their handbook or company policy. If the employer has a no tolerance policy, then Colorado law considers you, the employee, fairly warned and the employer can exercise their right to drug test you and terminate you anytime they want.
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