United States District Judge Robert Jonker ruled Friday that the state's new medical marijuana law may protect those using the drug from arrest, but it does not alleviate employers from their duty to ensure a safe workplace for employees and customers.
The ruling vindicates Walmart from responsibility for wrongful firing
One key factor is that Walmart discovered the drug use in a drug test prescribes by a company policy that is consistently enforced.
The discounter fired Joseph Casias from their Battle Creek store after Casias, who has an inoperable brain tumor, failed a drug test. Walmart contended they needed to foster a safe drug-free workplace and their policies existed to do so. Their attorneys contended that the medical marijuana law was not intended to regulate businesses.
Jonker agreed with Walmart saying the law is designed to provide “a potential defense to criminal prosecution or other adverse action by the state.” However the act does not address employment law, according to Jonker.
The American Civil Liberties Union (ACLU), Casias' attorneys, say they will appeal the decision.
Most human capital professionals in Michigan are anxious for resolution of this case, particularly due to its impact on how companies can use drug testing and ensure that employees in certain positions are drug free.
© Rick Weaver, all rights reserved.
Building your Human Capital library:
The Deadly Sins of Employee Retention
- The Servant Leader: How to Build a Creative Team, Develop Great Morale, and Improve Bottom-Line Performance
- The 21 Irrefutable Laws of Leadership: Follow Them and People Will Follow You
- Personality Poker: The Playing Card Tool for Driving High-Performance Teamwork and Innovation
- The Ant and the Elephant: Leadership For the Self
- The New Leader's 100-Day Action Plan: How to Take Charge, Build Your Team, and Get Immediate Results
- Kindle 3G Wireless Reading Device, Free 3G + Wi-Fi, works globally
Comments
The Federal Judge failed to recognise this is a state issue not a Federal issue. There is no Federal law that requires Walmart to drug test employees, that's their corporate policy. This is just Walmart's disregard for that states laws and the Federal government lack of respect for state laws.
This is just further proof that corporations policy and agenda matter more than the people and state in they eyes of the Federal Judges.
Actually Federal law (EEOC) requires employers to have a safe, drug-free workplace.
What is unsafe about a Walmart employee using marijuana during off hours? What is he drank during off hours?
Walmart is heartless and should be boycotted by anyone with a soul.
If he blew legally drunk during a work exam then they could probably fire him for that too.
a safe and drug free workplace? does that mean that someone prescribed with painkillers shouldn't be allowed to work?
This is ridiculous
A safe and peanut free workplace would make as much sense.
@ok? Does that mean you wouldn't mind receiving open heart surgery from a doctor that had just taken Vicodin?
That depends on if the doctor has worked 90 hours in the last five days.
He had a legal prescription . Just because he failed the drug test does not mean he was smoking at work. Mariuuana stays in your system a long time. Poor man had a brain tumor and gets fired for having his legal script in his system. Utter B.S.!!! His actions did not interfere with maintaining a "safe workplace" . If a pain killer script was found in his system this would not have happened. So very unfair!
i dont want the guy driving the forklift headed toward me influenced by anything.
He is likely a higher up manager or something with insurance benefits, so it could be they really just want to screw him out of his health insurance.
You know what I would do is go on social security, grow medicine full time and sell it to all of the other cancer patients I would meet at the doctors office to make some money under the table money.
When we eventually manage to put the horrors of this moronothon behind us, we'll need to engage in some very deep and honest soul-searching as to what we want to be as a nation. Many of our freedoms have been severely circumscribed or lost altogether, our economy has been trashed and our international reputation for being "free and fair" has been dragged through a putrid sewer by vicious narrow-minded drug warrior zealots who are ignorant of abstract concepts such as truth, justice and decency. We'll need to make sure that such a catastrophe is never ever repeated. This may mean that public hearings or tribunals will be held where those who’ve been the instigators and cheerleaders of this abomination will have to answer for their serious crimes against our once prosperous and proud nation.
Each day you remain silent, you help to destroy the Constitution, fill the prisons with our children, and empower terrorists and criminals worldwide while wasting hundreds of billions of your own tax dollars. Prohibition bears many strong and startling similarities to Torquemada's inquisition, it's supporters are servants of tyranny and hate. If you're aware of but not enraged by it's shear waste and cruel atrocities then both your heart and soul must surely be dead.
Millions of fearless Egyptians have recently shown us that recognizing oppression also carries the weight of responsibility to act upon and oppose that oppression with humility and nobility.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!