Is it wrongful termination if I get fired because of a
positive test for THC, even if it is from medical marijuana?
You were fired because you failed a
drug test at work. They found THC, the
active component of marijuana in your blood or urine test. You told your boss that you have a prescription
but you are still fired. You are asking, do I have a wrongful termination case
because I was fired for medical marijuana? Click here for more to know about Personal Injury Attorneys
Well the courts in California have
not yet found in the employee's
favor yet in regard to being fired for medical marijuana. However, that doesn't
mean you don't have a
case. The answer would turn on whether
you are really using the medical marijuana to treat a disability or if it is
just recreational use. Click here for more to know about personal injury lawyer
Here in California, dispensary
customers are able to get a so called doctor to prescribe medical
marijuana. This Adoctor is often close by to the dispensary
and the type of doctor nobody would visit for a real medical problem. The great majority of California medical
marijuana customers are just using the drug for recreational purposes.
If your Aprescription falls into this class, don't believe you will ever convince anyone
otherwise. You were probably prescribed
the medical marijuana for Aanxiety or Asleep
disorder but we
all know the real reason. Party. Your employer wont believe you and neither
would a jury. So you don't have a case. Click here for more to know about car accident attorney
However, if you do have a
legitimate disability, you might have a case.
For example, cancer, like many other disabilities include treatment by
man made THC pills. Marinol is a legal,
schedule III drug approved for use for the treatment of nausea and to increase
appetite by patients undergoing chemotherapy.
The Fair Employment & Housing Act ("FEHA") prohibits
discrimination against employees with disabilities (like cancer), and requires
that reasonable accommodations be made for such employees. It may constitute
disability discrimination, for example, for your employer to fire you for using
a legally prescribed medication to treat your disability. Click here for more to know about personal injury attorney
If you are undergoing cancer
treatment, you are disabled under FEHA and the ADA. Your employer is under an
obligation to make reasonable accommodations to suit your disability. Even if
your company has a policy against THC, a reasonable accommodation would be to
allow you to take a doctor prescribed medication containing THC for your
disability.
