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Colorado court: Workers can be fired for using pot off-duty
Associated Press ^ | Jun 15, 2015 5:05 PM EDT | Kristen Wyatt

Posted on 06/15/2015 4:54:14 PM PDT by Olog-hai

Pot may be legal in Colorado, but you can still be fired for using it.

The state Supreme Court ruled 6-0 Monday that a medical marijuana patient who was fired after failing a drug test cannot get his job back. The case was being watched closely by employers and pot smokers in states that have legalized medical or recreational marijuana.

Colorado became at least the fourth state in which courts have ruled against medical marijuana patients fired for pot use. Supreme courts in California, Montana and Washington state have made similar rulings, and federal courts in Colorado and Michigan also have rejected such claims.

The Colorado worker, Brandon Coats, is a quadriplegic who was fired by Dish Network after failing a 2010 drug test. The company agreed that Coats wasn’t high on the job but said it has a zero-tolerance drug policy. …

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Crime/Corruption; US: Colorado
KEYWORDS: cannabis; dopersrights; drugtest; lifestylechoice; marijuana; offduty; pot; smokers; tobacconazis; wod; zerotolerance
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1 posted on 06/15/2015 4:54:14 PM PDT by Olog-hai
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To: Olog-hai
I warned the pot heads that just because it is legal doesn't mean your employer won't fire you for drug use.
2 posted on 06/15/2015 4:58:15 PM PDT by Myrddin
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To: Olog-hai

The decision was legally correct, but I wished they would have made an exception for him. He smokes the stuff to control muscle spasms related to his quadriplegia.


3 posted on 06/15/2015 4:58:43 PM PDT by colorado tanker
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To: Olog-hai

Bummer, dude, like big-time, man! ;)


4 posted on 06/15/2015 4:59:15 PM PDT by Frank_2001
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To: colorado tanker

Lets say he smoked it just to make his reality suck a little less. He was a quadriplegic.
This country is really lacking in common sense and compassion.

Dish should be ashamed.


5 posted on 06/15/2015 5:02:42 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: colorado tanker

That’s what happens with Zero-Tolerance policies for anything.


6 posted on 06/15/2015 5:04:32 PM PDT by digger48
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To: Myrddin

This is as it should be. Want a really decent job? Don’t do dope.


7 posted on 06/15/2015 5:04:51 PM PDT by umgud (When under attack, victims want 2 things; God & a gun)
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To: Olog-hai
This is the classic Catch 22! Joseph Heller, where are you?
8 posted on 06/15/2015 5:04:55 PM PDT by immadashell (The inmates are running the asylum.)
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To: Olog-hai

How does a quad hang sat dishes on homes anyway? Sounds like the back office was tired of him.


9 posted on 06/15/2015 5:06:20 PM PDT by telstar12.5 (...always bring gunships to a gun fight...)
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To: Olog-hai
(I'm opposed to drugs)

Marijuana is legal in CO. I hope I can always find a place to live where it isn't. That being said, this decision is bothersome. What's next? Firing people who smoke, consume alcohol, eat junk food, have tattoos? If it were an illegal substance there, I'd say fine.

10 posted on 06/15/2015 5:08:05 PM PDT by grania
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To: DesertRhino

I dont know what kind of job he has. Phone support? I wouldn’t miss it.if I were him.


11 posted on 06/15/2015 5:08:10 PM PDT by ImJustAnotherOkie
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To: grania

>> What’s next? Firing people who smoke, consume alcohol, eat junk food, have tattoos?<<

Yes — all are possible firing offenses.

>>If it were an illegal substance there, I’d say fine.<<

It was illegal at the time of the firing.


12 posted on 06/15/2015 5:10:18 PM PDT by freedumb2003 (When things are rightly ordered, man is steward of God's gifts and civIns law enables him to do so.)
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To: DesertRhino

Yup. Here was a guy who was a productive member of society, making his own way in life in spite of his handicap.

And yet we pay other peoples way through life so they can smoke it whenever they want and not have to worry about real handicaps or drug tests.


13 posted on 06/15/2015 5:10:50 PM PDT by digger48
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To: colorado tanker

I feel the same way. I thought it was just another guy using drugs and when I heard his story, I was shocked to hear of the circumstances under which he was fired.


14 posted on 06/15/2015 5:11:40 PM PDT by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: Olog-hai

So maybe welfare types can be cut off if they don’t pass a pee test?


15 posted on 06/15/2015 5:13:28 PM PDT by abb ("News reporting is too important to be left to the journalists." Walter Abbott (1950 -))
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To: Olog-hai

I can drink alcohol while off the job...no problem...

I show up drunk at work...my butt is fired...

I don’t see why pot is any different...

Pot stays in your system longer than alcohol...


16 posted on 06/15/2015 5:13:40 PM PDT by Popman (Christ Alone: My Cornerstone...)
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To: colorado tanker
This is almost a catch 22. There are three issues at play here:

1) The state of Colorado legalized marijuana. This is a local jurisdiction issue.

2) The US government still considers marijuana to be an illegal substance. This is a criminal law issue.

3) His terms of employment to a private company has stipulations that he cannot use marijuana. This is a civil law issue.

The company can change its employment terms to allow pot usage for medical conditions and contractually he would be in the clear with them. It is not likely the company will do this because the feds consider marijuana to be a controlled substance.

17 posted on 06/15/2015 5:22:21 PM PDT by pfflier
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To: Olog-hai; Myrddin
Interesting. I was just reading this article a few minutes ago:

More illegal drugs showing up on workplace drug tests

Syracuse (WSYR-TV) – The number of American workers testing positive for drugs like heroin and marijuana is going up.

18 posted on 06/15/2015 5:23:06 PM PDT by RC one (Militarized law enforcement is just a politically correct way of saying martial law enforcement.)
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To: grania

There have long been (and continue to be) places that do not even permit their employees to smoke tobacco in their off hours.

No one wanted to stand up for the rights of tobacco smokers as they were continually demonized and scapegoated.

The excuse was insurance costs.

Homosexualists have health problems too (short life span, drug abuse, STDs, suicide risk).


19 posted on 06/15/2015 5:23:15 PM PDT by a fool in paradise (Funny how Hollywood's 'No Nukes' crowd has been silent during Obama's Iranian nuclear negotiations.)
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To: ImJustAnotherOkie

“I dont know what kind of job he has. Phone support? I wouldn’t miss it.if I were him.”

A woman I know worked in telemarketing once. She said 8 hours of abuse eventually starts to wear you down.


20 posted on 06/15/2015 5:23:17 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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