Employee in Colorado fired for failing random drug screening sues his employer.

[Superfecta]

Been following this story for a little while now. Seems he finally got his day in court as the Colorado Supreme Court began hearing arguments.

http://dailycaller.com/2014/10/06/colorado-high-court-weighs-landmark-medical-marijuana-case/

Very interested to see how this plays out. I understand his argument, he did not break any laws during his actions away from the workplace. I believe the state has weak legs to stand on here citing "The law specifically says it does not require employers to accommodate pot use in the workplace." Of course employers aren't going to setup joint smoking tents for their employees during their break, same as they aren't going to put in a bar so people can grab a beer on their break. Away from the office, let the poor guy get the relief he needs. It's upsetting to me to even think about this.

Great point he made was: If he doesn't win, it looks like Colorado's medicinal and recreational cannabis laws are strictly for unemployed people.

 

[Crohnie]

This is a VERY important case. I wish I could share your optimism about the outcome, but I don't see the Court ruling in the fired worker's favor. There is some hope....a law in Colorado that prohibits employees from being fired for engaging in legal activities during off-work hours. He could have a chance there. This sort of thing will continue as long as cannabis is a Schedule 1 drug.

 

[syrupy]

I don't see him winning for a number of reasons.

Like alcohol, even if it's legal, an employer can claim the employee was impaired at work, either from being high or just a pot hangover. Employee fails test, gets fired. It's written up as a performance issue, not a drug issue.

It's about money, and the big insurance policies employers must take out. If an employer makes good faith efforts to divert drug and alcohol use among the workers, it can mean lower insurance rates. Lax internal policies can lead to higher rates.

His argument might work at a mom-and-pop job, but DISH exists throughout the US. They aren't going to make a separate policy just for legal and medical states. That would open them up to even more lawsuits. They are a country-wide company. Even if they lose this case, they will prevail in federal appeals court just on the fact that it's illegal at the federal level.

 

[grokit]

IIt's written up as a performance issue, not a drug issue.

Then it should be based on a performance test, not a tox screen. Just sayin'.

 

[CarolKing]

I'm glad he is following through with all this legal court stuff. He is trying to make a very important point here. He knew what the rules stated. He's challenging the rules with this. Dish a very large company. I'm glad he's putting this important issue in the forefront. It's not like he was driving a company vehicle. He was answering the phones for christ sakes.

I stated in another thread that he should join FC. We'd be honored to have him.

 

[flickyourbic]

I had a buddy once who was "random'd" because they thought he was a stoner (which he was..) so of course he starts freaking out about it. I picked up a bottle of Quick Fix for him and was like "stick it to them bro". He passed his test and was a total asshole about it to his management throughout the rest of his employment. After that he made it a point to blatantly REAK of weed every time he went in and they never mentioned it again.

It's shitty but I'll never stop smoking and I'm never going to let that hold me back from a career either. I will do whatever I have to do get a head and beat the system when it comes to this. I'm currently looking for new jobs and I'm ready to cheat it up baby.

Fun fact: Every single drug test I've taken (except probo UA's) and a majority of my interviews, I was high as a kite.

 

[Radio]

I come to work high sometimes. There isn't anything fking wrong with that!
Nothing!!