A Wal-Mart in Michigan fired an employee with cancer who uses medical marijuana, after a test came back positive for cannabis. The former employee is Joseph Casias, who is 29 years old, registered with the state and carries a medical marijuana card. Casias did not tell Wal-Mart about his treatment because he thought the treatment was between him and his doctor. The plaintiff contends that he was wrongfully terminated. However, Wal-Mart says it will challenge this claim as well as Casias’ unemployment compensation claim. Wal-Mart’s policy, like the policy of other companies, indicates that in states such as Michigan which allow marijuana use for medical purposes, the store can still terminate an employee following a positive drug test. Notice of his termination was devastating for Casias, who once earned the honor of Associate of the Year. Casias started taking medicinal cannibas last June to cope with the constant pain due to sinus cancer and a brain tumor. Casias says management told him Wal-Mart does not honor medical marijuana cards.
Michigan law protects any employer’s right to terminate for marijuana use, but the law also states that a qualifying patient who has been issued and possesses a registry identification card shall not be subject to penalty in any manner, or denied any right or privilege or disciplinary action by a business for medical marijuana use. The law in Michigan says employers do not have to accommodate the ingestion of marijuana in the workplace or employees working while under the influence. Casias says he never used the marijuana before or during work. However, the drug was detected because it can take weeks for marijuana to leave the system. Doctors say medical marijuana is a type of substance that could be hazardous to the workplace. When Casias was employed with Wal-Mart he unloaded trucks for the store. Despite the possible occupational hazards, Dr. Martin Makary, associate professor of Health Policy at Johns Hopkins University, says that if a person used medical Cannabis on a Friday night and then went to work on Sunday, they wouldn’t be impaired on the job.
The Michigan ACLU has stated that it is illegal to fire someone for treating their disease with a medicine that’s legal in the state and recommended by a physician. Additionally, the Marijuana Policy Institute in Washington, D.C. is calling for a nationwide boycott of Wal-Mart over the firing.
See: http://www.laborradio.org/node/13137
See: http://abcnews.go.com/Business/michgan-man-fired-walmart-medical-marijuana/story?id=10122193
In New York, most employment is considered to be “at will” in the absence of an employment agreement. Therefore, the term “wrongful termination” is misleading because in New York employers can terminate an employee for cause or for no reason at all. This means that employers can fire an employee if they don’t like him/her, or even based on the employee’s clothing.
An employer may do so unless an employee’s rights are protected under employment discrimination laws. Employers cannot discriminate against an employee based on age, sex or gender, race, national origin, disability, perceived disability, pregnancy status, marital status, or sexual orientation. Additionally, employers cannot discriminate if an employee has an employment contract with the employer, either written or implied, which holds that the employee cannot be fired without just cause for a certain time period. The terms of that employment contract usually set out the reasons for which an employee can be fired.
For example, with respect to Disability Discrimination, New York laws prohibit employers from discriminating against individuals with disabilities or perceived disabilities (such as employees who have Cancer) with respect to job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. Under Federal law, these rights are protected under the Americans with Disabilities Act. Additionally, this Federal law requires employers to make reasonable accommodations for employees with disabilities.
Disability discrimination can come in many forms. It can consist of comments about a disability made by another employee leading to an adverse employment action against the injured employee. Other forms include when an employer fails to promote or terminates an employee’s job when the employee is able to perform the essential functions of the job with reasonable accommodation, and the employer refuses to accommodate the disability.
Source: http://www.ada.gov/cguide.htm#anchor62335
Leeds Morelli & Brown, PC lawyers specialize in maters relating to wrongful termination, unjust dismissal, in handling overtime claims, wage and hour law violations, and unemployment compensation claims. Leeds Morelli & Brown, PC lawyers service injured parties who have been affected by employers who violate these important equal opportunity and employment rights throughout Long Island, the New York Metropolitan area. For a free consultation, contact Leeds Morelli & Brown, PC at 1-800-585-4658.