Marijuana and your company: Will court case turn your HR upside down? |
News |
Wednesday, December 10, 2014 11:45 AM |
Did Dish Network act lawfully when it terminated employment of a quadriplegic who suffered from debilitating muscle spasms and possessed a valid medical marijuana prescription? That’s the case currently before the Colorado Supreme Court (CSC). The court’s ruling is likely to impact your company – and businesses in all states. Dish’s termination decision was based on the employee’s positive test for marijuana use even though he was never under the influence of the drug on company premises. Was this wrongful termination under Colorado’s “Lawful Activities” law which prohibits termination for off-the-clock legal behavior? Or was the termination lawful because marijuana use is illegal under federal law? Court action to date: The Colorado trial court dismissed, ruling that the employer had acted lawfully. The Court of Appeals agreed, reasoning that the employment termination was lawful because marijuana use is illegal under federal law and thus could not be considered “lawful activity” under Colorado’s “Lawful Activities” law. CSC heard arguments on the case in October, and a decision is expected by year’s end. Here is what could happen based upon where their decision falls:
More implications But if courts begin to look at medical marijuana laws as a state sovereignty issue, resulting in deference to state legalization laws, employers may have to wade through a dual system in which medical or off-hours recreational marijuana use has to be tolerated under state law even as it remains illegal under federal law. In that case, employers will have to revise drug testing policies to reflect “intoxication” standards for marijuana metabolites, rather than imposing discipline for any presence of the drug, and they may have to consider dropping marijuana testing altogether. Excerpted in part, Forbes, The Employment Beat: Insights on Workplace Issues by John DiNome, Dec. 2, 2014. Read the complete article. Turf war: artificial turf is under fire |