Can Employers Legally Fire You for Medical Marijuana Use?

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Discussion Overview

The discussion revolves around the legality of firing employees for medical marijuana use, particularly in the context of a recent California Supreme Court ruling. Participants explore the implications of federal versus state law, employer drug testing policies, and the ethical considerations surrounding employment practices related to medical treatments.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Technical explanation

Main Points Raised

  • Some participants note that the California Supreme Court ruled that an employee cannot sue for discrimination after being fired for medicinal marijuana use, citing federal law as the basis for this decision.
  • There is a perception among some that it is inconsistent for employers to fire employees for medical marijuana use while allowing firings for other substances like alcohol or tobacco.
  • Several participants express concern about the increasing trend of employers requiring drug tests, background checks, and credit checks, questioning the relevance of these requirements to job performance.
  • Some argue that the justification for drug testing should correlate with the nature of the job, suggesting that it is less justifiable for office workers compared to roles that involve safety-sensitive tasks.
  • There are discussions about the implications of bad credit on employment, with some suggesting it could indicate a risk for fraud or theft.
  • Participants express differing views on whether employers should have the right to hire and fire employees for any reason, including personal beliefs or lifestyle choices.
  • Some participants challenge the notion of federal jurisdiction over state laws regarding marijuana, citing historical context and state rights.

Areas of Agreement / Disagreement

Participants express a range of opinions, with no clear consensus on the legality and ethics of firing employees for medical marijuana use. There are competing views on the appropriateness of drug testing and the implications of federal versus state law.

Contextual Notes

Participants highlight the complexities of employment law as it relates to medical marijuana, including the influence of federal law on state regulations and the varying policies of employers regarding drug testing and background checks.

Who May Find This Useful

Individuals interested in employment law, medical marijuana legislation, workplace rights, and drug testing policies may find this discussion relevant.

  • #61
drankin said:
I think a company should be able to hire and fire as they choose. Regardless of reason.

So you feel companies should be allowed to have racist hiring practices?
 
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  • #62
DeadWolfe said:
So you feel companies should be allowed to have racist hiring practices?
'Allowed' by who? Customers? Employees? State? Feds?
 
  • #63
DeadWolfe said:
So you feel companies should be allowed to have racist hiring practices?

As much as we'd like to legislate against racism, laws will not stop racism. If anything, they fuel racism by causing a lot of racial tension. If you're required to hire X number of black people and Y number of women, how much credibility will a black or female employee have? "Oh you got this job because you're black." That may not be the case, but realistically it could be true. The last thing in the world we want is for racists to actually have real world examples of ethnic minorities getting employed welfare by being hired simply because they're a certain color. We all hate the person who doesn't get fired even though they suck, regardless of race, but don't put specific races into that role (affirmative action) then act surprised when racism gets stronger and stronger.

Likewise, we can't realistically legislate against firing for drug use. Example: I find an employee smoking crack. I'm not going to say he's fired for smoking crack, I'll say he was fired because of his performance. What is the government going to say? That I should prove his performance was bad?
If you (anybody) have ever had a job in your entire life, you would know performance is the 'reason' for firing people. You were a jerk? Performance. You showed up late? Performance. You smelled really bad? Performance. You're black and it interferes with the company's weekly KKK meeting? Performance. Your hardcore christianity interfered with the boss' militant atheism? Performance.
 

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