Q. I work in Colorado as a secretary for a small real estate company. My boss saw me smoking outside a restaurant the other night, while I was off-duty. He told me that unless I quit smoking, he will fire me. Can my boss really do that?
A. It depends. If your company has more than 15 employees, your boss cannot fire you for smoking off duty, off premises, unless it is a bona fide occupational requirement that you not smoke, or unless it would create a conflict of interest for your employer. Based on the circumstances you describe, it probably would be difficult to say that not smoking is a bone fide occupational qualification or a conflict of interest, so if he fires you for this reason, and you can prove that's the reason, you might have a claim for lost wages and benefits. He can, however, impose smoking restrictions at work. Here's the Colorado law on lawful off duty conduct:
24-34-402.5. Unlawful prohibition of legal activities as a condition of employment.
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