What if ?

Geo-TH,In · Jan 26, 2014

Bubba stays up all night studying for his drug test, he still can't pass them.
What if Bubba moved to Colorado, can an employer still deny hiring him because he can't pass a drug test?

JF in MI · Jan 26, 2014

At most places I know, where alcohol is legal, you can get fired for being drunk on the job. OK, so maybe not fired but sent to rehab. The question is; what if they send you to rehab and they prescribe medicinal pot as a treatment?

Janicholson · Jan 26, 2014

Employers can routinely not hire those in non-protected groups. Tobacco use is not protected, so neither is other drug use. Jim

Janicholson · Jan 26, 2014

Use of medications is a justifiable reason for termination, or reassignment. just as becoming blind would limit your success as an OTR driver. Jim

rrlund · Jan 26, 2014

They tested that here in Michigan were it's legal for medicinal purposes. A guy was fired from WalMart because he failed his test. The court sided with WalMart.
Something that got my attention the other day was the issue with banks. Seems a federally licensed (or whatever the word is) institution can't accept deposits from the sale of dope,even in a state where it's legal. If they do they can be charged with money laundering and racketeering.
I think there might be a few banks here in Michigan that could be in a little bit of trouble if they didn't know that going in.

IH2444 · Jan 26, 2014

(quoted from post at 11:43:29 01/26/14) Bubba stays up all night studying for his drug test, he still can't pass them.
What if Bubba moved to Colorado, can an employer still deny hiring him because he can't pass a drug test?

Of course an employer can require that their employees not be intoxicated from any source.

mab570diesel · Jan 26, 2014

the thing is just because you dont pass a drug test for pot doesnt mean you are currently "high" as i believe it stays in your system for a month or so.so if it is legal in a state how do they tell if you are "high" on the job or did it 1 week earlier?ie alchohol is legal just cant be drunk on job but you can go home get drunk and show up for work tomorrow no probs so long as your still not drunk of coarse

Janicholson · Jan 26, 2014

It is not a question of proving or not, it is that there are no governmental requirements that keep an employer from letting a person go if they test positive for a compound that could affect their performance or safety on the job. Just because a person comes to work after being drunk the night before doesn't mean the employer can't fire them. Drinking is not a "protected class" like race,--xual orientation, or national origin. Jim

johnlobb · Jan 26, 2014

When I worked in Las Vegas, everyone that went out on the job was tested for drugs and alcohol. Who wants to work with a person that is on mind altering substances? I was also tested here in Michigan. I was a union construction worker. (pipefitter)

JF in MI · Jan 26, 2014

I used to work for a high tech industry regulated by the FDA. I was tested for controlled substances prior to hiring. While on the job I saw many that were literally falling down drunk or had pupils the size of saucers. The company threatened but never did random testing because they didn't "want" to know or have anything go on any record where the "gub'mint" might issue a recall of products built by people who were documented as "stoned". Worst that happened was being quietly sent to rehab. The risk of any kind of termination suit would attract too much attention.

John T · Jan 26, 2014

Absent any specific contract clause to the contrary, union or otherwise, most employment situations fall under the common law doctrine of "employment at will" which means an employer can hire or fire someone as they please, with or without cause, with or without any reason whatsoever, even if they say don't like the color of the shirt they are wearing lol. When people say to me that sounds unfair, I ask them if they think they should have the right to quit if they wished, they always respond well darn right I can quit FOR NO REASON, and when I ask then why cant the boss (who owns the company and signs their checks) fire them if they wish, they sort of dont have an answer. One problem, however, if the person is any sort of a minority the ACLU or others may threaten a lawsuit and scream it must have been due to discrimination regardless if the offender is fired solely because he or she was the worlds worst employee grrrrrrrrrrrrrrrrrrrrrrr. DONT BLAME ME I DIDNT MAKE THE LAW......

John T Country Lawyer

What if ?

Geo-TH,In

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JF in MI

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Janicholson

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Janicholson

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rrlund

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IH2444

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mab570diesel

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Janicholson

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johnlobb

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JF in MI

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John T

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