Orange County Employment Lawyers Blog
Cities and states across the country have legalized marijuana, decriminalized simple possession, or legalized the use of medical marijuana, as is the case in the state of California. However, one question that tends to arise is if marijuana is legal to use, can an employer fire an employee for legally using marijuana? Unfortunately, in many cases, it appears the answer to this question is yes.
According to a recent news article from the Boston Globe, a woman whose employer fired her for using marijuana is now suing her previous employer for wrongful termination.
The woman interviewed as part of this story was elated when she was hired at what was going to be her dream job with a marketing agency. Her elation quickly turned to anger and despair when she was fired her first day on the job because she had failed a pre-employment drug trust. She was told she failed the drug test because she had tested positive for marijuana. At first, she was more confused than angry, because medical marijuana is now legal in Massachusetts and is, therefore, not an illegal substance. She had also disclosed her use of medical marijuana during a job interview. She told her prospective employer she takes marijuana as treatment for a digestive disorder, and this treatment is legal and approved by her doctor. Continue Reading ›