An independent contractor argued that her employment contract contained an implied term that the insurance company for which she worked had to provide her with a smoke-free work area due to her allergy to tobacco smoke.  The Massachusetts Supreme Judicial Court ruled that such a term could not be fairly implied, given the history of the transaction between the parties and that Bernard had waited too long (i.e., after dismissal of her case by the Superior Court) to argue in tort that the company had breached a duty to provide a safe and healthful work environment by failing to provide her with a smoke-free environment.  See  “Employer’s Liability to Employee for Failure to Provide Work Environment Free from Tobacco Smoke”, 63 ALR4th 1021.

397 Mass. 320, 491 N.E.2d 604, 2 IER Cases 678, 104 CCH LC sec. 55584, 1.5 TPLR 2.148, 63 ALR4th 1015, (1986).