Forums

Termination for Drug Use
Legal Forum
Termination for Drug Use
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Hi: Consistent with the the interpretation of other similar states' statutes, a judge in Michigan last week upheld Wal-Mart Stores Inc's dismissal of an employee for testing positive for marijuana, ev
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36904

Forums » Topic Forums » Legal Forum » Termination for Drug Use

You must be logged in to contribute. Log in | Register
 
 1 2 >> Last
Forums  »  Topic Forums  »  Legal Forum  »  Termination for Drug Use

Termination for Drug Use

posted at 2/15/2011 2:14 AM EST
Posts: 32
First: 1/31/2011
Last: 9/13/2011
Hi: Consistent with the the interpretation of other similar states' statutes, a judge in Michigan last week upheld Wal-Mart Stores Inc's dismissal of an employee for testing positive for marijuana, even though he was using the drug under the state's medical marijuana law.

Dave Arnold, Ph.D., J.D.
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 2:38 AM EST
Posts: 45
First: 1/13/2011
Last: 4/14/2011
Thank you Dave. This is good news
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 4:40 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
Concur. Thanks, Dave.
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 5:19 AM EST
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
We are setting up for an interesting battle here. If the states say that use is legal, doesn't this make it same as any other prescribed drug use in the workplace? If yes then it seems to me that the mere presence of the drug is not sufficient for termination.

After all if an employee has a prescribed drug in their system, even if there is an accident it may not be automatic termination or am I out of step on this?
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 5:59 AM EST
Posts: 32
First: 1/31/2011
Last: 9/13/2011
Hi:
Actually, the matter is pretty straightforward. Federal law creating marijuana prohibitions supersedes these state laws due to the U.S. Constitution's Supremacy Clause. Until federal law regarding marijuana is modified, holdings regarding this issue should be consistent w/ the Michigan case, as well as those in other states.

Dave Arnold, Ph.D., J.D.
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 6:06 AM EST
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Dave

Thanks for the clarification, but.... and you knew there would be a but, right, (:-)) the Feds are obviously turning a blind eye to enforcement of Federal marijuana laws as evidenced by the spread of the marijuana stores throughout the western states. They could stop this all at any time based on the Supremcy rule and they have chosen not to.

Sooooo can a legal argument be made that failure to enforce, at some point, becomes the rule?
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 6:08 AM EST
Posts: 544
First: 9/27/2004
Last: 9/13/2011
All the more reason to keep the workforce informed, this man is not an attorney or a doctor, but he feel victim to their advice. I think the whole thing is very sad.
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 6:14 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
Fell victim to whose advice? Or was he just being used by the pro-pot groups as a test case?
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 8:17 AM EST
Posts: 544
First: 9/27/2004
Last: 9/13/2011
That's exactly my point, he trusted the wrong source. People need to look out for themselves. If he knew that he was endangering his job he may have made different choices.
New post Reply to this post

Termination for Drug Use

posted at 2/15/2011 9:50 AM EST
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Did any of you notice that your joining date and number of posts has been changed significantly? For some reason mine did not...........
New post Reply to this post
 1 2 >> Last

Forums » Topic Forums » Legal Forum » Termination for Drug Use

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

  • Workforce Technology (Bi-weekly)

    Covering the latest technology trends, tools and applications that are shaping the workforce in the 21st century. Delivered the 2nd & 4th Thursday of each month.

  • Dear Workforce (Bi-weekly)

    See what HR professionals are asking, and what Workforce Management experts are saying. Delivered the 1st and 3rd Thursday of each month.

  • Workforce Benefits (Weekly)

    Stay current on all aspects of employee benefits, from health care to retirement issues. Delivered on Wednesdays.

  • Workforce Week (Weekly)

    Free weekly update on the trends in HR and new tools added to Workforce.com. Delivered each Tuesday.

  • Workforce Talent (Monthly)

    See the recruiting, talent development and retention strategies of top companies and get the resources for effective talent management. Delivered the 2nd Monday of each month.

  • Workforce Training (Monthly)

    Stay current on the latest strategies and resources for training and developing your workforce talent. Delivered the 3rd Monday of each month.

HR Jobs
View All Job Listings

Search