Posted on 06/29/2010 11:51:49 AM PDT by MaryFromMichigan
Walmart is being sued after an employee said he was wrongfully fired when he failed a drug test.
Joseph Casias has a prescription for medical marijuana and says he uses it for pain from sinus cancer and an inoperable brain tumor he has been suffering from for the past 10 years
(Excerpt) Read more at woodtv.com ...
Joseph Casias has a prescription for medical marijuana and says he uses it for pain from sinus cancer and an inoperable brain tumor he has been suffering from for the past 10 years.
He worked at the Walmart in Battle Creek for five years prior to his firing in November 2009. He didn't use medical marijuana on the job or before work. He hurt himself on the job, and after that, had a routine drug test. That is when the controlled substance was detected.
Casias, 30, told 24 Hour News 8 he showed his managers his medical marijuana card, but eventually was fired anyway. He said he shouldn't have been fired in a state where medical marijuana is legal.
The American Civil Liberties Union and ACLU of Michigan, in partnership with the law firm of Daniel W. Grow, PLLC, filed the lawsuit against Walmart Stores, Inc. and the manager of its Battle Creek store.
The groups held a news conference Tuesday morning on the front steps of the Calhoun County Circuit Court to discuss the case.
In November 2008, voters in Michigan overwhelmingly approved the Michigan Medical Marihuana Act, which legalizes the use of marijuana for medical purposes. In compliance with state law, Casias received written certification from his oncologist and is a registered medical marijuana patient.
According to the text of the law at Michigan.gov, it says people using medical marijuana "shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act."
But later on, it says, "Nothing in this act shall be construed to require ... An employer to accommodate ... any employee working while under the influence of marihuana."
A rally was held March 14 in support of Casias outside the Battle Creek Walmart to protest. The group wanted him to get his job back, receive an apology from Walmart and a change in policy.
Ten years?
Ten years?
Michigan ping.
Interesting case.
And you know his medical history how?
Because I read the story.
Obviously he needs a job where he can no longer be a danger to himself or to others.
We knew this would happen. Once it becomes legal employers will be forced to employ high workers and then their insurance rates will skyrocket.
High taxi drivers and stuff will sure make it “interesting”.
If you have a genuine need for medical marijuana it would be smart to inform your employer before they discover it with a random drug test. If they accept you after knowing this information they should not be able to use it as an excuse to fire you later.
I can buy the ten years - apparently the survival rate for non-malignant tumors is as high as 95%. And I can buy the resulting chronic pain and the prescription for medical marijuana. But he has no case - the law specifically says employers do not need to accommodate employees under the influence of marijuana.
If it’s illegal, it’s illegal. If it’s in your blood, it affects your mind.
I don’t have a problem with Walmart doing this. Screw you ACLU.
What a poorly constructed paragraph that is. Just from that limited excerpt, it's not entirely out of the question that an enterprising defense attorney could use that provision to defend a man from prosecution who was involved in a marijuana related DUI accident.
It could also be read to mean that not only could that person not be prosecuted for the marijuana DUI, but their license would not be allowed to be revoked or suspended.
They didn't think this through very well, IMHO.
So here we go again... everyone has to pile on and assume the medical marijuana is fraudulent. Well maybe it is and maybe it ain’t. It’s really none of our business. If the guy just likes to smoke it because it feels good, it’s still none of our business. Why? Because he had a legal prescription sanctioned by his state. Take it up with the peeps in Michigan.
So for slow-growing tumors you have a slow-motion death certificate. Best to appreciate every day possible.
Odd how so many go ape over someone looking to take the edge off pain + nausea with those naughty vegetables.
I guess the possiblity that he was fired for keeping it quiet never occured to anyone (then again, ACLU isn’t known for thinking).
In testing for a fire department, if you don’t tell them something, even something as simple as a parking ticket, and they find out, they will kick you out of the testing. If they find out something about you after you’re hired, they will fire you.
Of course I feel sorry for the guy...he's sick...
No doubt the law was written by tokers.
He had THC in his system at work. Alcohol is legal too, but they can fire you for having it in your bloodstream at work. Boo hoo.
Is it our business? Perhaps not. But, it clearly is the business of his employer and his employer's insurer who are jointly responsible for him, and his actions while at work. Intoxication by marijuana - medical or otherwise - makes one more prone to accidents, accidents that can be dangerous to themselves, their co-workers and their customers.
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