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Can an employer fire you if...?

Discussion in 'Marijuana' started by frogsandlegos, Apr 10, 2015.

  1. frogsandlegos

    frogsandlegos Active Contributor

    You have been prescribed medical marijuana and are taking it? Even if you are not getting "stoned" with it?

    I have an acquaintance in this situation. She has not had a random drug test yet, that I know of.

    I'm pretty sure if she made any mistake, they would blame the marijuana.
  2. Shimus

    Shimus Community Champion

    No. If it's prescribed, that means it's legal in your state for that person. Even if they were found in fault of an accident it would not hurt them/him/her. They can't take legal drugs and prescriptions against you if you're taking them legally.

    If they do, it's THEM who are on the wrong end of things.
  3. JoanMcWench

    JoanMcWench Community Champion

    They could blame the marijuana all they like but it's a medication in her case. In fact, she could sue the pants off them if they claimed this was the reason she was losing her job. It's her responsibility to let the company know she has a prescription for medical marijuana before taking the test & after that she should be fine. The issue with tests like these is they detect the presence of the drug not the time in which the drug was taken. It's a slippery slope.
  4. kjonesm1

    kjonesm1 Community Champion

    I work in New Mexico which is a "right to fire" state. That means they make their company policies and if you break their rules they have a right to fire your butt. No matter what. My employer has a strict policy against drug use, so if you are tested positive they can fire you because whether it is a prescription or not, it is against the rules of the company. It is their right to set their own standards. Just for the sake of an example if the employee handbook says you must be in uniform everyday and an employee shows up out of uniform, they could be fired. I don't necessarily agree with the policy on marijuana, but it is what it is. They have a right to fire me for smoking, just like I have the right to find another job if I don't like it.
    JonnyMacdonald likes this.
  5. JoshPosh

    JoshPosh Community Champion

    I would think that if she was on medicinal marijuana she needs to show proof of prescription to her employer that she is on it. If she is in some kind of child or health related fields, she might be allowed to work there at all.
  6. Shimus

    Shimus Community Champion

    It doesn't (or shouldn't) matter. It should be a non-issue. If it is an issue, or is brought up due to something they in no way can use it as leverage against you. That's not only unconstitutional, but ..shady practice. And you wouldn't want to work for people who wouldn't understand your condition anyways. You're not to be treated like a slave, even if the job is minimum wage. People deserve to be treated like people, regardless of their medication.
  7. Charli

    Charli Community Champion

    If it's legal and prescribed I doubt the employer could do much about it, especially if it isn't interfering with her performance at work. I think the best way to go about it is to just be upfront and discuss it with the employer so all the adjustments that come with having to adapt can be worked out so there will be less unexpected complications in the future for both sides.
    kgord likes this.
  8. Nergaahl

    Nergaahl Community Champion

    No, if you have been prescribed it it means it's legal for you, therefore no one should fire you based on this. Firing someone because they take medical marijuana, which actually does them good, is no reason and it's pretty much firing someone based on nothing.

    I haven't met anyone who takes it because of medical reasons yet, but it would be interesting I guess.
  9. No. If the Marijuana was prescribed then that means it it legal. If they fire you, then they're the ones who are on the wrong side and they should be fired, too.
  10. rightct

    rightct Community Champion

    I reckon marijuana is being taken medicinally, right?
    If so, there's no need to worry, it's completely legal and if he fired someone based on a legal treatment, just like the case you've mentioned, it'd be called abuse, in my opinion.
    Your acquaintance is fine, and it shouldn't be preoccupied by this specific "problem".
  11. Nick Anthony

    Nick Anthony Active Contributor

    She should ask the employer what they're policies are about it. Even though you are taking prescribed medical marijuana I think the employer is still going to worry that you are going to go to work under the influence. Whether or not that is true of your friend I bet the employer will still have those thoughts. So, I would tell her to notify her employers of her prescribed medication if they do random drug screenings. Also, if they do random drug screenings, then she can notify her employer on what days and what times she uses, so there is a complete mature understanding of the situation.
  12. cheeto

    cheeto Member

    As long as the prescription is legal in the state in which she is employed it shouldn't be an issue. Marijuana prescriptions are handled legally the same way as any other drug. If her employer discriminates against her in any way she is entitled to legal recourse
  13. pwarbi

    pwarbi Community Champion

    The laws here in the UK but i'm fairly sure that IF, and that is VERY rare over here, but if you're prescribed marijuana for a condition you have then that makes it legal for you to have. I'd imagine that this goes for laws in the workplace aswell.

    You don't have to declare what medications you are on to your employer so in this case marijuana will be classed as a medication so they couldnt do anything more to you than if you was on any other drugs such as anti depressant's or even paracetamol
  14. irishrose

    irishrose Community Champion

    An employer may not legally be able to fire an employee in this situation. However, they may look for another reason to fire people who use so that they do not have to worry about the liability involved. There is drug testing at many places of employment, in which you can report medical prescriptions.
  15. GettingBetter

    GettingBetter Senior Contributor

    It does depend on state law but I think most companies can fire for this even if it is prescribed. I know that in Colorado, Washington and Oregon where they have legalized recreational marijuana, they can still fire you for it. This seems really backwards to me but I guess the rules stay the same as they were before new marijuana laws were passed until someone challenges them.
  16. zaerine

    zaerine Community Champion

    If it is prescribed to her, I think she will not be blamed for it as she medically needs it.
    I also think it depends if it is legal or not in where she is currently working at. The treatment for it will vary.
  17. dyanmarie25

    dyanmarie25 Community Champion

    I think it depends on his/her employer, but as for me, I don't think she would ever get fired for taking marijuana as it's being prescribed to her by a doctor. It's legal medicine in the first place.
  18. GettingBetter

    GettingBetter Senior Contributor

    It probably depends more on the office culture of the place and how happy your employer is with your performance in general. I don't think anyone would make an issue of it probably if things are going well at work…. but if things go sour you'd be amazed the things you can get fired for!
  19. Tsky45

    Tsky45 Community Champion

    You shouldn't get fired for taking your medicine. If it's prescribed and legal in your state there shouldn't be a problem. You have to take your medicine. If someone fires you over this it may cause a legal issue. If your messing up on your job that's another thing. Like I said if it's legal they shouldn't be able to fire you over it unless your high on the job.
  20. MichelleVL

    MichelleVL Senior Contributor

    Since your friend takes marijuana because it was prescribed to her, then her employer can not legally fire her from her job. In the eventuality that she was wrongfully fired for her consumption, she is entitled to sue the company, and receive worker's compensation, as her being fired would in fact be illegal.