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Termination Medical Marijuana Marijuana

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Chartwell Law

Pennsylvania Employers Beware: Violations of the Medical Marijuana Act May Result in Private Civil Lawsuits

Chartwell Law on

In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more

Jackson Lewis P.C.

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Saul Ewing LLP

Pennsylvania Court Finds Employee Can Assert Claim Against Employer Under State’s Medical Marijuana Act

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The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Fox Rothschild LLP

NJ Supreme Court To Rule On Medical Marijuana Protections

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The New Jersey Supreme Court announced it will review the Appellate Division’s decision in Wild v. Carriage Funeral Holdings, Inc., which extended protections under the New Jersey Law against Discrimination (NJLAD) to medical...more

Flaster Greenberg PC

What Employers Need To Know: New Jersey’s Appellate Division Issues Historic Ruling On Medical Marijuana Users’ Rights in the...

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Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more

Orrick - Employment Law and Litigation

“I’m Not Throwing Away My [P]ot”: Delaware Court Upholds Medical Marijuana User’s Claims Against Employer

In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more

Jackson Lewis P.C.

Licensed Medical Marijuana Caregiver’s Termination For Selling Drugs At Work Was Not Age Discrimination

Jackson Lewis P.C. on

A federal court in Michigan dismissed the age discrimination claim of a licensed medical marijuana caregiver who was terminated in connection with an investigation into drug activity at work. Henry v. Outback Steakhouse of...more

Fox Rothschild LLP

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

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An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age discrimination. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Mintz - Employment, Labor & Benefits...

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Pullman & Comley - Labor, Employment and...

Recent Colorado Supreme Court Decision on Medical Marijuana Highlights Risks Facing Employers in Connecticut Who Seek to Enforce...

As many of our clients know, we frequently train and counsel employers on the implications of Connecticut’s medical marijuana law in the workplace. Although medical marijuana use remains illegal under federal law,...more

Cozen O'Connor

Colorado Allows Firing of Employee Who Used Medical Marijuana

Cozen O'Connor on

As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more

BakerHostetler

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical...

BakerHostetler on

On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana...more

Akerman LLP - HR Defense

Even In Colorado, Employees May Be Terminated for Medical Marijuana Use In Violation of Company Drug Policy

In Coats v. Dish Network, LLC, the Supreme Court of Colorado upheld an employer’s decision to terminate the employment of a quadriplegic employee who worked as a customer service representative and who held a state-issued...more

Polsinelli

Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

Polsinelli on

On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this...more

Littler

Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use

Littler on

On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use.  In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is...more

Fisher Phillips

Colorado Employers Handed Medical Marijuana Victory

Fisher Phillips on

On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test...more

Akerman LLP - HR Defense

Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org...more

Mintz - Employment, Labor & Benefits...

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

Polsinelli

Off-Duty Pot Smoker Gets Rolled In New Court Of Appeals Case

Polsinelli on

On April 25, 2013, the Colorado Court of Appeals held that the Colorado Lawful Activity statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. But one...more

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