DISH wins a court battle (at least for now)
- Thread starter Peter Parker
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This is NOT what I have a feeling people think it is. If you thought it was about the right of an employer to fire someone for using Marijuana, you would be wrong. Using the green jeans post above, an employer can fire someone for that too. The issue and what this is all about is the wording used in the policy, and determining if the rules were broken. It centered around the word "ilegal." When Marijuana became legal in that State, the employee's stand is he was no longer breaking the DISH policy of no illegal drugs. The Court determined Federal laws always apply also when determining what is legal, thus the DISH policy of no illegal drugs includes Marijuana.
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One of the few immutable laws is the Law of Unintended Consequences.
There is a decided danger of incorporating other law by reference.
See more at "object oriented programming".
There is a decided danger of incorporating other law by reference.
See more at "object oriented programming".
Hiding behind an excuse. I suspect they just wanted to fire him. And got their chance.
Lesson: If you want to smoke dope, then don't work at a place that does drug testing and has a zero tolerance policy.
Brother-in-law pointed out that as Ohio considers a Colorado like position on marijuana, that those laws do not change the position by the insurance companies in regard to workplace rules. These states are passing laws that are placing workers in a quandary. But the rules are that a company does not have to hire you regardless of what state law allows.
Generally correct. Discrimination of race and age do come into play however, and though very tricky, simply saying someone with a specific medical condition can't be used to fire someone. But don't read that as you can't fire someone (or refuse to hire) because of certain medical conditions, you can but as I said it is tricky.
Once the Court determined when an employer says you can't do something illegal, that applies to the Federal laws as well as State laws, this outcome was an easy decision.
Once the Court determined when an employer says you can't do something illegal, that applies to the Federal laws as well as State laws, this outcome was an easy decision.
He will not be able to use the ADA. As Scott alluded to;
"Federal case law thus far has supported an employer’s right to discharge an employee for marijuana use, even if that employee were disabled according to the ADA.80 The ADA excludes from its protection “any employee or applicant who is currently engaging in the illegal use of drugs”.81 The ADA recognizes an employer’s right to test for drug use82 and to prohibit illegal drug use in the workplace.83 Again, the federal government’s refusal to declassify marijuana as a Schedule I drug makes it likely that ADA protection will not be afforded to employees terminated for medical marijuana use."
"Federal case law thus far has supported an employer’s right to discharge an employee for marijuana use, even if that employee were disabled according to the ADA.80 The ADA excludes from its protection “any employee or applicant who is currently engaging in the illegal use of drugs”.81 The ADA recognizes an employer’s right to test for drug use82 and to prohibit illegal drug use in the workplace.83 Again, the federal government’s refusal to declassify marijuana as a Schedule I drug makes it likely that ADA protection will not be afforded to employees terminated for medical marijuana use."
People should be lobbying for a couple of things.
1) legalize marijuana for medicinal purposes
2) legalize marijuana in general
3) develop a relative quick drug test to determine if a person is intoxicated due to marijuana
Issue 3 is the most important because work place accidents and workman comps treat any screening for marijuana as failing, regardless if you were off-work and never intoxicated while at work. Until 3 is sussed out, legalizing for general use is a notable problem.
What a great point and very likely one of the biggest reasons the Federal government has not moved to legalize Marijuana. How much is too much for the workplace?
Naw, the biggest reason is probably Big Tobacco (safer smoke alternative) and/or Big Pharma (very cheap pain killer) and/or Big Church (Sky Cat upset!) and/or Big Wood (paper industry man, get your head out of the gutter).
remember charlies comments about recreational drug use on what i believe was his last charlie chat ever for consumers?
pot calling kettle black. i believe someone in production pulled the feed and didnt even run the ending, plus it was never rebroadcast.
this from memory. i didnt see it because i had cancelled dish over the fee increases
pot calling kettle black. i believe someone in production pulled the feed and didnt even run the ending, plus it was never rebroadcast.
this from memory. i didnt see it because i had cancelled dish over the fee increases
