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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
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The American Civil Liberties Union on Friday told a federal judge that its case against Wal-Mart for wrongfully firing an employee for lawfully using medical marijuana in accordance with state law to
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/14/2010 3:02 PM EST
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Posts: 1
First: 11/14/2010 Last: 11/14/2010 |
The American Civil Liberties Union on Friday told a federal judge that its case against Wal-Mart for wrongfully firing an employee for lawfully using medical marijuana in accordance with state law to treat the painful symptoms of an inoperable brain tumor and cancer should proceed. The ACLU and the ACLU of Michigan, in partnership with the law firm Daniel W. Grow PLLC, filed a lawsuit in June charging that Joseph Casias, 30, the Battle Creek, MI Wal-Mart's employee of the year in 2008, was wrongfully fired last year for testing positive for marijuana. Your can read more at http://nessaccess.com/news_2010/lawsuit_charging_wal_mart_with_wrongfully_firing_medical_marijuana_patient.html |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 3:51 AM EST
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
I think you are right - they will probably lose.
But should they? IMO -- If this employee indeed had an inoperable brain tumor and cancer, and was being medicated appropriately and within the law, I don't think his use of marijuana really should be grounds for termination. IF his PERFORMANCE was affected by his medical issues and treatment, then THAT is what should have been addressed. Not the medication itself. If he had taken strong painkillers or muscle relaxers, would he have been treated the same way? |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 4:05 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Wonder why he was subjected to a drug test? Was it random or performance based?
If it was done performance or behavior based, I think walmart will have a much stronger case than if it was random (and there were no behavior or performance issues). Should be interesting to watch! |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 5:28 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Yes they should lose. If evidence of marijuana was in this persons system then they technically were still under some influence. Federal law still declares MJ an illegal substance and state law cannot trump federal law. So yes, they should lose. |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 8:34 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
According the U.S. Constitution federal prohibitions regarding marijuana trump state-based allowances. Consistent therewith, other courts have held in favor of employers involved in similar lawsuits. Dave Arnold, Ph.D., J.D. |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 9:18 AM EST
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
Not that I disagree with you HRPro, but it is my understanding that there is no good way to determine level of impairment by presence of marijuana. For employment purposes it doesn't really matter since it is an ilegal substance, but it isn't ilegal if it's prescribed. I don't think you can say a person is necessarily impaired just because the substance is detectable. |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/15/2010 9:42 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Deltac under federal law it is still an illegal substance and as Dave shares the courts have consistently held that it remains an illegal substance and an employer sponsored drug screen can in fact detect it with the result being termination of employment.
Now admittedly we all knew that another case like this would come along and in fact this was predicted to be a case in the battle by those trying to legalize marijuana. So we'll se what comes of it. |
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Lawsuit Charging Wal-Mart With Wrongfully Firing Medical Marijuana Patient
posted at 11/16/2010 4:39 AM EST
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
Under the current laws, then yes, they *should* lose.
My question is more moral in nature than legal. SHOULD they lose? In my opinion, a cancer patient SHOULD be able to use medical marijuana without it being a violation of Federal law. Those close to me who have had cancer, have taken medical marijuana in pill form that has greatly affected their personal health during the trauma and pain of chemo and radiation. It was appropriate treatment. For this employee to lose their job BECAUSE of their following the best treatment possible for their brain tumor - is just WRONG to me. I'd like to know more details. It seems to me if the employee was impaired by his medication -- and he was on oxycodone instead of marijuana - then what would have happened? That is what I want to know. An employee can be just as or more impaired with other medications in their system. I don't think the marijuana itself should be the issue. |
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