Saturday, 28 May 2016

Q&A: Medical marijuana and the workplace

By Staff 

Q. If my doctor recommends that I use marijuana for a medical condition, can I use it at work without penalty?

A. Check with your employer before doing anything. An employer is within its rights to still administer its policy as if marijuana were being taken illegally.

Q. What happens if I use medical marijuana on my own time? Can I be fired from my job?

A. Yes, you can still be fired. Courts in multiple states have generally upheld dismissal of workers who use medical marijuana.

Q. If I get fired for violating my workplace drug policy, can I still collect unemployment benefits?

A. No, you can’t. It is considered a just cause firing.

Q. My company has a zero tolerance drug policy. Can I fire an employee who tests positive for medical marijuana even if he has a doctor’s recommendation?

A. Yes.

Source: Christopher J. Lalak, labor and employment attorney, Benesch, Friedlander, Coplan & Aronoff

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