Posted on 06/19/2015 5:53:55 AM PDT by SeekAndFind
The Colorado Supreme Court has ruled that businesses can fire employees who use marijuana during their off-time, including those with a legal prescription for medical pot.
In a case that has been closely watched by employers in some states that have legalized marijuana for medicinal or recreational use, the Colorado court found that Dish Network lawfully fired a quadriplegic employee and medical marijuana user who failed a drug test. Customer service representative Brandon Coats, 35, used marijuana in his off-time to deal with painful muscle spasms.
The court ruled that the federal prohibition on pot makes the drug unlawful despite Colorado’s approval of its use for medicinal purposes. The ruling, while not binding in other states, adds to a series of court losses by medical marijuana patients who lost their jobs after using pot.
Coats sued after he was fired on June 7, 2010, alleging wrongful termination. He argued that marijuana was made “lawful” for the purposes of employment law when Colorado voters legalized it for medicinal use in 2000. Voters legalized it for recreational use in 2012.
A trial court dismissed Coats’ suit, saying the state's legalization of medical marijuana only provides a defense against criminal prosecution, and does not make the use of marijuana a “lawful activity” that is protected against employment discrimination.
When the case went to the Colorado Court of Appeals, justices differed with the trial court’s reasoning, but still found that Coats was rightfully terminated because marijuana is prohibited by federal law.
The Colorado Supreme Court agreed with that reasoning, voting 6 to 0 with one abstention.
“Nothing in the language of the [employment] statute limits the term ‘lawful’ to state law,” wrote Justice Allison H. Eid. “Instead, the term is used in its general, unrestricted sense,
(Excerpt) Read more at latimes.com ...
They can fire someone who comes in all hungover can’t they?
I think the problem is that THC lingers in the body longer. People were fired for failing a drug test because the drugs were illegal.
Smoking legal weed on Friday night can get you fired on Monday morning.
You don’t have the “right” to work at any specific company.... the rights in this equation belong to the owner of a company. If someone wants the right to do whatever he/she pleases - then he/she needs to become the owner....become their own boss.
This is a refreshing shift in the right direction for employers....
Yeah, well, them's the breaks. Word to the wise.
If alcohol stayed in your bloodstream for days and a person came to work drunk on Monday after drinking on Friday, he or she would be justified in getting fired, no?
Besides, nobody smokes pot on Friday and then abstains for the rest of the week.
THC metabolites linger. THC itself is gone in a matter of hours. It is the metaboilites that a drug test finds.
As for firing a quadriplegic who uses it off hours to control seizures, that’s just sick.
“Coats sued after he was fired on June 7, 2010, alleging wrongful termination. He argued that marijuana was made “lawful” for the purposes of employment law when Colorado voters legalized it for medicinal use in 2000.”
So, using that logic an airline pilot could smoke pot and still fly as long as he has an RX for it?...............I think I’d rather walk than fly with that guy.
Yes but if they are stoned all the time, how will you know they are stoned?
“THC metabolites linger.”
Watch your filthy language. I have a picture of my kids next to the computer.
Dagnabbit. Don’t confuse me. I’ve only had one cup of coffee so far.
Take that up the wazoo, druggies.
This is between employer and employee. A business owner has every right to set rules and fire those that violate them. There is no right to a job. The courts got it right.
Bleah. And whatever you do, don't pass the dutchie on the left hand side.
Or the right hand side for that matter. In fact, Bogarting that joint would be perfectly acceptable.
If the hangover impairs his work and it happens multiple times.
Well...it’s legal to drink liquor in Virginia, but if I show up to work with whiskey on my breath I’m probably going to get fired too.
Yes it is sick.
Agreed. While you won't find a more staunch supporter for legalization, I do believe that employers should be able to fire someone for it, regardless of the way it stays longer, etc. Bottom line? If you work for someone who doesn't partake, then be ready to abide by their rules. It's their business, not yours.
True,. Logical. Constitutional.
And yet, it’s lost on so many people. You have the right as a business owner to fire anyone for any reason. Now it’s stupid to do so in many cases, but let the market, not government, decide what’s stupid and what’s not.
Getting good employees is damned hard. Getting rid of bad ones should not be.
Yup. Back in the old days though you could keep a bottle in your desk and take a nip every now and then, with a cigarette or cigar. That went out in the 70’s.
Perhaps you don't agree with the morality of it but a private employer, constitutionally speaking, should be able to fire an employee for any reason he sees fit. This is a win for private property rights. It would be nice to see the courts strike down other unconstitutional "anti-discrimination" laws. If you don't like the way this man was treated, and I don't, the solution is to not use Dish's services and tell them why.
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