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2. Why does the company want to terminate the employee? Is the reason for the termination supported by objective, documented evidence? If not, then the termination may present general a greater risk of lawsuit and loss.3. Does the employee qualify for and has the company complied with FMLA (and any state equivalent)? An ulcer may (or may not) constitute a serious health condition that would result in the employee qualifying for leave under FMLA. If "absenteeism" plays any part in the decision to cigars terminate and the absence was an FMLA qualifying absence, then the employer MUST disregard that period of absence in general making the decision.4. Does the employee have a disability under the Americans with Disabilities cigars Act? If so, then the employer must provide a reasonable accommodation to a disabled person who can otherwise perform the essential functions of the position. The EEOC has taken the position that a reasonable accommodation under such circumstances may constitute an unpaid leave of absence. Once again, if absenteeism plays any role in the decision to discharge, then there could be an issue. Now, we cannot tell from what you have written whether this employee''s ulcer constitutes a "disability." While an ulcer sounds pretty routine, such a condition might be severe enough to amount to a disability. Indeed, whether an employee has a "disability" under the ADA is a highly individualized inquiry; simply having a medical diagnosis does not end the inquiry. Smokeless tobacco users are a fiercely brand loyal lot, but Conwood will urge Gen X males not to let peer pressure dictate their chewing preference with its new Xtreme brand. Meanwhile, rival U.S. Tobacco is readying a bourbon-flavored extension for Copenhagen.

Trade sources, however, said they were told by UST reps that the company did not seriously consider the entreaties. UST posted a $500 million bond and is appealing the general and cigars verdict. An RJR rep said the company does not comment on mergers and acquisitions.Also in the pipeline at UST: a Copenhagen Black Bourbon rolling nationally next year (Brandweek,Aug. 7) to boost its share of the full-price snuff marketplace. Third-quarter volume dropped partly because of a sales decline in Skoal Long Cut, which has been packed in 1.2-oz cans at 1-oz. prices. UST''s general third quarter shares decreased 0.7% to 75.3% while Conwood slipped 0.3% to 13.2% and Swedish Match gained 1.7% to 7.2%, per Nielsen. Swedish Match North America hopes to ignite the sleepy smokeless tobacco category and poach Skoal and Kodiak users with Sequoia, its first premium moist snuff product, featuring Cinnamon Ice and Mountain Cider flavors and a unique twist-off can.

Driving his and other retailers'' decisions are incentives given for top brands like Marlboro, with its dominant 38% market share in the first quarter, per company figures. Those who don''t receive some of the lucrative buydowns and promotions risk seeing consumers flock to participating stores where the brand is cheaper.A similar phenomenon is occurring with RJR''s cigars Everyday Low Pricing program. EDLP stipulates that retailers stock a Reynolds deep discount brand, like Best Value or Monarch, and ensure that no other cigarette in the store will undercut its price. Doing so earns participants an extra dollar buydown on Doral, the branded savings smoke whose market share fell 0.5% to 6.2% last year thanks to cheaper, deep-discount brands, also dubbed "fourth-tier" cigarettes because they rank below private-label, branded savings and full-priced premium smokes.Fourth-tier cigarette producers, particularly foreign manufacturers not subject to huge MSA outlays, are discounted as low as $16 a carton, versus general $21 a carton for branded savings cigarettes. cigars While premium brands were able to boost market share slightly to 74.2% last year, branded savings cigarettes--including B&W''s GPC, RJR''s Doral and Philip Morris'' Basic--slid as consumers traded down to the cheaper alternatives.



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