Man Fired for Pot Use Plans Court Test of Medical Marijuana Law

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[chance33_98]

Man Fired for Pot Use Plans Court Test of Medical Marijuana Law

A 40-year-old computer specialist from Sacramento is forcing a court test of a controversial state law allowing medical use of marijuana.

Gary Ross was fired when a drug test revealed he had recently used marijuana. Ross had worked at the $74,000 per year systems administrator job for only a week when he was dismissed.

Now he has filed suit against RagingWire Telecommunications, arguing that the marijuana had been prescribed by a physician as a means of relieving chronic back pain. Ross contends that the firing was illegal under the terms of a six-year-old California law allowing the use of marijuana as medicine. "I had gone through all the steps necessary to make sure it was perfectly legal," said Ross. "I don't know why they terminated me. I was very surprised."

RagingWire Telecommunications replied with a written a statement that said, in part, "Mr. Ross signed and accepted an offer for a position that required [full time] on-call availability. Mr. Ross failed to inform the company he was using marijuana for medicinal purposes prior to receiving his offer letter."

California courts must now decide if an employer can choose which medications are off limits. Ross said he doesn't really want to be the flag bearer for a cause. Instead, he said he just wants justice. "I don't really consider myself a test case," said Ross. "I just consider myself an employee who was wrongfully terminated."

Ross claims he tried nearly everything to relieve pain from a 20-year-old back injury before turning to marijuana. He finally tried the drug after his doctor recommended it. "It's been the best medication I've taken for my back since my injury," said Ross.

Ross said he could have avoided using marijuana in the weeks prior to his drug test, but felt that would be admitting he's doing something wrong.

[chance33_98]

Talk to your union rep. ;^)

LOL - it was a Honda subsudiary, they don't do the union thing. I work in a data center now managing servers and posting on FR. Which reminds me, need to get ready for work soon!

[chance33_98]

Is it mentioned whether he had to sign some sort of preemployment "positive-results-on-a-drug-test-immediate-termination-no-questions-asked" type statment?

I work for a bank and I had to have an FBI screen, credit check, etc and so on to work there. I was sure they would turn up a body or two somewhere, but nothing yet ;)

[Sweet_Sunflower29]

Lastly, many , if not most, employers ask about health and medicinal history...

How can this possibly even be legal??

I had always been informed that a potential employer is prohibited by law to ask my exact age, if I have children, their ages, my maritial status, etc.

[rb22982]

He wasn't smoking it before hand necessarily (probably not). Marijuana traces stay in your system for up to 14-16 days. You aren't stoned except maybe 3-4 hours. Just like you would only be buzzed for a 6pack of beer for the same length of time for a normal person.

[Raymond Hendrix]

I don't blame anyone for trying to relieve pain. But this whole medical use of MJ thing is a side door effort to legalize addictive drugs. Too bad people fall for it.

[Dakmar]

The only thing that makes sense to me is the potential increase of liability coming from the risk of taking a medication in the workplace which can be defined as 'mind altering'.

I broke my arm (just a hairline fracture, thank God, but it really hurt) a couple years ago, and was given vicodin. That stuff, in addition to being physically addictive, puts me in a happy mood. Only one of them, used to treat pain, mind you, gave me that Charlie Brown smile. my point is that I was way more spaced out on prescription medication than I've ever been from just smoking pot.

[chance33_98]

It may depend on the state your in. As far as married status and kids they don't need to ask, just fill out your wd-40 form and they can look it over...

I have had several ask me both verbally and on forms about any past worker's comp claims and such. Funny thing is the most intrusive employer is the government or companies, like banks, which they regulate.

[chance33_98]

I am feeling a fracture coming on - where is your doc located? ;) I was put onto percocet later on by a new doctor. It depressed me severely and I tossed it after taking just one. Now I ride out pain when I throw my back out.

[The FRugitive]

I'm totally for the legalization of marijuana and allowing employers to hire and fire whomever they wish.

[HairOfTheDog]

I don't recall there being any pain-relieving qualities to marijuana.

Marijuana can help nausea, and perhaps hypertension or some other need where mild sedation is a benefit... but not PAIN. As a psychadelic, one might even experience more pain on pot, if you focused your mind on it.

Any medical proof that pain relief is even a valid medical use? Or is he reaching here?

[chance33_98]

Don't know, as I mentioned I have never smoked it so I have no idea what it does :) I have drank beer before a few times and it did make me feel better physically, but I rarely intake that either. A good wine is far better in my estimation and I don't get a 'buzz' or whatever from it. As far as studies I have come to trust them about as far as I can throw the person who wrote it - science has become like religion where people tend to push one point of view and leave facts at the door.

[Dakmar]

The downside of vicodin (you didn't think I would just leave you hanging, did you?) is that because it is an opiate it also serves as, as, whatever the opposite of a laxitive is. I was only taking it for a couple weeks before I got tired of feeling constipated. And I was really taking it to alleviate pain.

[Sweet_Sunflower29]

had to have an FBI screen, credit check, etc and so on ...I was sure they would turn up a body or two somewhere, but nothing yet ;)

Oh goodness...Well, I won't bore anyone with the details, but that brings back memories from about 12 years ago, when my father was in the process of getting his 'Q' security clearance from the government. The background checks involved practically everyone he had ever known, as well as my mother, my sister and I.

I don't think I had a sound sleep until he actually recieved his approval notification and was on the job for a couple of years. ;)

[HairOfTheDog]

Well, since I don't think I am running for office (but just in case, my experience was a long time ago, in college ;~D), the buzz is nothing like alcohol. Pot does not slow physical reactions or motor function. It doesn't make you numb and clumsy the way alcohol does. If anything, physical sensations are very much amplified.

I don't think it would help with pain at all, but I am waiting for some others to chime in! ;~D

[Senator Pardek]

I'm totally for the legalization of marijuana and allowing employers to hire and fire whomever they wish.

Same here - however, there's a double standard.

If an employee pops "positive" for AZT, you can't do a thing to him.

[Sweet_Sunflower29]

my point is that I was way more spaced out on prescription medication than I've ever been from just smoking pot.

Valid point. Adding the months both pre and post op, I was chemically dependant and physically addicted to Vicodan for a total of 20 months. Never smoked pot, so I'll take your word on the comparison.
:)

[Rocksalt]

I am in favor of people having the right to use marijuana to treat pain-especially terminally ill and cancer patients.As for an employers right to terminate someone because of their usage-If I hired someone who was taking pot as a medicine under doctors care I would make it clear what was expected of them.In this case,it seems this man was possibly not fully aware of what was expected of him,so they should either give him another chance to meet their expectations,or give him severance pay.Should people under doctors orders be able to puff the stuff on duty? That's a tricky question,depends on the position,and the persons performance.Dangerous jobs-probobly not.Police officers? Maybe that might be good.

[A CA Guy]

It's in the blood for a long time and if ANYTHING happens to anyone else while he is on the job, the company he works for is so screwed!
Lawsuits up the gazoo!

[Senator Pardek]

I don't think it would help with pain at all...

Nausea and lack of appetite sure - but pain?

IN the Hitchcock film Lifeboat, they get William Bendix liquored up so they can amputate his gangrenous leg.

Can you imagine smoking a joint instead - YOWWWW!!!!

[Sweet_Sunflower29]

wd-40...

heehee...fixing some squeaky doors? wd-40 is good stuff, always have it in the garage.

{w-40 forms...haha}

:)