Discussion»Questions»Life and Society» If employers can fire someone who failed a drug test (legal marijuana), what would stop them from firing someone who was
There is no cut and dried answer. There are federal laws, state laws, contracts between employers and employees (direct or thru a union), and safety of others to be considered. As perscription use of narcotics and drugs that impair abilities rises, this will increasingly play out in the courts, and with different outcomes depending upon the particulars of the case.
"Legal marijuana" is somewhat of a misleading phrase, even in states that have "legalized" it, it is still illegal under federal law, and a court can uphold a firing in those states under federal law.
This post was edited by Bozette at May 6, 2017 4:49 PM MDT
Thank you for your take on this. Even though it is still illegal in the eyes of the Feds, if someone falls within the guidelines, ie, grows the legal number of plants for personal use, doesn't sell it, etc, chances of the Feds getting involved is slim and you would also see all the pot clubs being shut down.
While I suppose the Federal courts could uphold a firing, I sure wouldn't want to be the Judge that upheld the firing of someone dying of cancer.
The feds don't have to get involved. The link is about a medical marijuana patient fired in Colorado, it went to the state SC, and they upheld the ruling, citing federal law.
I ran into this about 20 yrs ago (no pot was not legal anywhere then) but I did fail a drug test after an injury at work. It showed positive for opioid use. The hospital forgot to do the drug test the night of the accident and had me come in the next day for the test. Which was fine except I had already taken my prescription pain med....they had gave me. Tylenol 4 with codeine. I asked of it would show, they just said they would make a note in my test papers. About a week later, I got a call from HR asking me to come in to talk about my drug test. I immediately told her the hospital did not do the drug test until after I took my script. She told​ me to bring in my script bottles. So was no big deal. She said she knew it was sure I was safe. But there are some workers who would not be.
In states where pot is legal (state law) it is still illegal under federal law...so it could be up to the employer and their policies. Even with a script. Sounds like someone with a script for pot could challenge in court if it has not been ruled on or a law passed to explain.
Thank you for sharing your story. I'm surprised a test "after the fact" would be allowed. It's like the cop forcing a breathalizer test the day after they pulled you over for a DUI.
And just because someone has taken a vicodin for their back pain, doesn't necessarily mean they are impaired to the point of being a safety hazard to themselves or to others.
Bozette 