Posted on 12/31/2013 11:03:49 AM PST by Responsibility2nd
DENVER - While marijuana may be legally purchased, legally possessed and legally smoked as of January 1, under Colorado law, it can also get you legally fired.
There is already a precedent for this in the state courts.
In 2010 a Colorado man was fired by his employer, Dish Network, for using medical marijuana off-duty. The Colorado Court of Appeals upheld the firing which is now being heard by the Colorado Supreme Court.
Amendment 64 gives employers the same discretion, allowing them to prohibit marijuana use both on and off the job.
Marijuana proponents believe it's a double-standard.
"No business would ever fire an employee simply because they had a couple beers over the weekend or a cocktail after work," said marijuana advocate Mason Tvert. "So there's really no logical reason why an employee should be fired just for using marijuana over the weekend -- which is a far less harmful substance."
But Amendment 64 makes it clear that the law will not, "...affect the ability of employers to institute policies restricting the use of marijuana by employees."
"It's currently still illegal under federal law to use marijuana and until that changes, they're going to have that right," said Tvert.
And that applies to getting high at work, or at home.
Random drug tests can't determine exactly when pot was ingested, and because marijuana can remain in the human body for 30 days or longer, most employers don't care when it was consumed, they just want to know if it was consumed at all.
Consuming at home while off-duty provides no protections.
"I do think that will soon change," said Tvert. "I think private businesses are already becoming less and less interested in drug testing for marijuana. They don't want to fire qualified employees, and have to recruit, and rehire and retrain."
The Mountain States Employers Council said employers currently "hold all the cards." Experts say there should be no confusion: you could lose your job for consuming marijuana even though it will soon be legal in Colorado.
Let’s say you run a company. Obviously there are going to be good workers and bad workers. It is very hard to just fire someone for being a “bad” worker. Now lets say that, coincidentally, most good workers don’t smoke pot, and most bad workers do smoke pot. It is a no-brainer.
Why do Baptists object so strongly to pre-marital sex?
They’re afraid it might lead to drinking and dancing.
Most states are employment “at will” states. Which means you can be fired for any reason or no reason at all so long as it is not an illegal reason. Despite the hysteria over protected classes it is still easy to fire someone especially if they white, male, under 40, Christian, and not disabled.
So I can fire you for alcohol comsumption or for drinking coffee.
Employers are free to restrict many things that are legal and can do many things that people consider “unconstitutional”. If you do not like it you are of course free to quit.
It’s a little different than that.
“Why don’t Baptist have sex standing up?
They are afraid of being accused of dancing.”
I have. And I’ve warned all the pro-legal pot folks that once it becomes legal it will soon become evil like tobacco to the left and thus heavily taxed and regulated.
But they are usually too stoned to comprehend that.
“Most states are employment “at will” states.”
Gee, I thought it was the AFL-CIO................
Any employee covered by the DOT (fed dept of transportation), drivers, ship captains, train engineers, misc. transportation workers are subject to drug testing.
Many gov’t agencies and many high profile employers have drug testing programs.
Most (not all) decent jobs have drug testing requirements.
I personally don’t believe it’s anyone’s business what I do in my off hours as long as I’m not infringing upon anyone’s natural rights.
I also believe any private entity has the right to make their own rules of employment.
Nose under the tent.
In Wisconsin, we are an at-will state. If you are let go without cause, you will probably be able to collect UI. That will drive up their rates. The employer may be able to let you go, but if there is no pattern of misbehavior then the company will lose. I know it is not perfect, but it does discourage some terminations. My friend was able to collect because there was no record of any issues with her.
Find another job. If you want “just cause” then negotiate it when you interview for the job. I assume you will not quit unless it is for a just cause?
Great role model you picked, the worker’s paradise of Western Europe? Perhaps you would like it there better than here. So your interest, as a working stiff, as opposed to all the working not stiffs or is the non working stiffs, needs protecting? I am sure there is a party for stiffs that could use your vote.
We’ll said, damn we’ll said!
You say you grew up in northern IL. Do you still live there? If so, please tell us - is the stink of marijuana wafting from CO to you? CO used to be know for its fresh air - now they have the “aroma” of incense!
“Great role model you picked, the worker’s paradise of Western Europe?”
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