if legislation is passed in michigan to decriminalize 100 grams of marijuana,will employers still be able to deny you employment for testing positive for marijuana for a pre-employment drug screen?
The problem with drug testing, is that it determines the use of a drug. It however, does not differenciate as to whether or not you use the drug at work. Marijuana for instance will show up in your system for weeks, or even months. Long after the effects of the drug have worn off. Realistically... an employer really doesn't have to list a reason for refusing to hire somebody, and can probably manufacture a reason to terminate employment if they want to. So it doesn't really matter if they can legally fire you for the use of something that isn't illegal. By the way, just because something has been decriminalized, doesn't mean it's been legalized, just that all criminal penalties for it have been removed.
Drug screens are in place in order for employers to determine whether or not a person could be impaired, due to the use of any type of drug in a potential employee's blood work--whether marijuana is legal or not.
yes it is at the employers discretion. Alcohol is legal but if you have vodka in youur pee they won't hire you.
Even if weed is legal everywhere, private practice has their own set of rules. They can still test you for it if it's something that can effect performance.
In today's America, you no longer have any rights to privacy regarding your body. Your employer can drug test whatever and whenever they please.
I actually just read something about how employers are still drug testing in states where weed is legal. They can and will fire people who test positive. It's the same as if alchohol shows up - even though it's legal they can fire you for having it in your system while on the job. This is because they can say that it impairs your judgement and performance. Somewhere recently also, a guy using medical marijuanna was fired from his job for testing positive.
I don't take drugs, but surely this could negatively affect many people who have to take medication for a condition they have? There must be some type of recourse for people who are fired unfairly. I would say that if it is medicinal it is unfair dismissal.