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Question about marijuana legalization and hiring
Posted on 6/26/14 at 9:31 am
Posted on 6/26/14 at 9:31 am
Are companies / businesses that operate in states where pot has been legalized still able to give drug tests (inclusive of marijuana) to potential and current employees, and then deny them employment / fire them if they fail? Has there been any statute set on this in any of these states or counties?
13
Posted on 6/26/14 at 9:32 am to Rohan2Reed
As far as I am aware, yes. And they ought to be allowed to do so at their discretion.
Posted on 6/26/14 at 9:34 am to Rohan2Reed
They should. No different imo than showing up to work having alcohol in your system.
Posted on 6/26/14 at 9:34 am to Rohan2Reed
I've often wondered the same thing about how a company can/will balance the law vs their own policies.
Posted on 6/26/14 at 9:34 am to Rohan2Reed
We have offices in Denver/CO and they are treated the same as every where else.
LINK
It will stay that way as long as it's still illegal at the Federal level.
LINK
It will stay that way as long as it's still illegal at the Federal level.
This post was edited on 6/26/14 at 9:36 am
Posted on 6/26/14 at 9:35 am to Rohan2Reed
It will probably be something to the effect of the way alcohol is treated in the workplace. While alcohol is legal, its best not to throw it in your bosses faces how much of a booze hound you are/come in to work drunk.
This post was edited on 6/26/14 at 9:36 am
Posted on 6/26/14 at 10:11 am to Mattwells90
quote:
It will probably be something to the effect of the way alcohol is treated in the workplace. While alcohol is legal, its best not to throw it in your bosses faces how much of a booze hound you are/come in to work drunk.
Makes sense. Just was curious if as soon as these laws get passed there are groups out there immediately arguing against "pot discrimination" or some other such nonsense.
Posted on 6/26/14 at 10:14 am to Rohan2Reed
quote:
Are companies / businesses that operate in states where pot has been legalized still able to give drug tests (inclusive of marijuana) to potential and current employees, and then deny them employment / fire them if they fail? Has there been any statute set on this in any of these states or counties?
yes, pretty much. you can test for cigs and not hire them/fire them (home depot does this I believe). No difference for cannabis. As it should be, employers should be able to hire candidates they prefer.
It gets tricky when its medical though. But if your job involves driving or operating equipment, they can definitely fire you. But if you are an office worker, its harder and almost impossible.
My friend works for an industrial company in denver. he works in IT, but they are starting to drug test everyone since its become legal. he is freaking out, even though he has his medical.
This post was edited on 6/26/14 at 10:15 am
Posted on 6/26/14 at 10:15 am to Rohan2Reed
places are currently turning down employment if you're a tobacco user (although they test for nicotine...makes sense) so I would imagine that nothing will change regarding MJ and it will be treated much the same way unless you work for a MJ friendly company.
Posted on 6/26/14 at 10:16 am to Rohan2Reed
Technically, it is still federally illegal and many companies have to follow industry/client D&A policies. So, yes, they are able to give pre-employment D&A tests without violating anyone's rights. However, there are some states where random drug tests are prohibited. CO, CA, VT and some others, I believe.
This post was edited on 6/26/14 at 10:17 am
Posted on 6/26/14 at 10:17 am to Hawkeye95
just going to comment that CO is a at will employment state so they can fire you without reason. I believe Washington is too.
Posted on 6/26/14 at 10:17 am to upgrayedd
quote:
However, there are some states where random drug tests are prohibited. CO, CA, VT and some others, I believe.
i know people who are subject to random drug tests in CO and CA.
Posted on 6/26/14 at 10:20 am to Hawkeye95
What do they do?
Posted on 6/26/14 at 10:21 am to Hawkeye95
LINK
Coloradans who use medical marijuana off the clock can be fired from their jobs for doing so even if they aren't impaired on the job, an appeals court ruled Thursday in a major decision.
A divided Colorado Court of Appeals panel upheld the firing of a quadriplegic man for off-the-job medical-marijuana use, concluding that, because marijuana is illegal under federal law, employees have no protection to use it anytime.
Coloradans who use medical marijuana off the clock can be fired from their jobs for doing so even if they aren't impaired on the job, an appeals court ruled Thursday in a major decision.
A divided Colorado Court of Appeals panel upheld the firing of a quadriplegic man for off-the-job medical-marijuana use, concluding that, because marijuana is illegal under federal law, employees have no protection to use it anytime.
Posted on 6/26/14 at 10:23 am to PuntBamaPunt
quote:
LINK
Coloradans who use medical marijuana off the clock can be fired from their jobs for doing so even if they aren't impaired on the job, an appeals court ruled Thursday in a major decision.
A divided Colorado Court of Appeals panel upheld the firing of a quadriplegic man for off-the-job medical-marijuana use, concluding that, because marijuana is illegal under federal law, employees have no protection to use it anytime.
well I didn't see that. previously they said it was ok.
my wife (CO), who worked for an animal shelter, was subject to random drug tests. She worked in fund raising. it was bizarre. i have a friend that works for a pharma company that is subjected also. And a friend that is a teacher.
I have a friend that works at a chip mfg plant in san jose that is subjected to them, although he has never had one.
Posted on 6/26/14 at 10:23 am to Rohan2Reed
quote:
They should. No different imo than showing up to work having alcohol in your system.
It's not that simple though, failing a pot test and being high are two different things.
I could go out and tie one on, come in hung over the next day, perform poorly at my job, but still be relatively blood-alcohol free, according to a blood test. Marijuana stays in your blood far after the "high" has worn off, so testing isn't giving the same relative value in results.
To top it off the guy who got stoned the night before might come in and far outperform the guy who was blitzed drunk.
That said I've personally seen a stoned fork lift operator drop a rack of pipes on a truck driver and kill him, and I wouldn't be surprised that the pot had an affect on him, though it's hard to prove.
In the interest of safety nobody who has been drinking or doping should operate heavy machinery, control aircraft, etc, for at least a 24 hour period. Otoh some people do it all the time and seem to handle it because they have the constitution to do so. So the cut standard formula only works to an extent.
Posted on 6/26/14 at 10:24 am to FelicianaTigerfan
quote:Actually it's very different.
No different imo than showing up to work having alcohol in your system.
Edit: ...what the guy before me said.
This post was edited on 6/26/14 at 10:34 am
Posted on 6/26/14 at 10:25 am to Rohan2Reed
of course. It doesn't matter if it's legal or not, you can't be a drug user and be trusted to operate a TWIC card facility. It's just too dangerous of a location to work in to do so impaired.
Posted on 6/26/14 at 10:30 am to DonChowder
(no message)
Posted on 6/26/14 at 10:34 am to DonChowder
quote:
Actually it's very different.
while it may be very different to you, I've also noted that a lot of pot heads seem to have no clue at all how slow and erratic they move.
I'm also for employers rights to hire/fire anyone they want to, esp in the private sector. There is no "right to a job", you people that think there is some sort of 'right of fairness' in a workplace that means you are somehow owed a job need to have it shoved up your azz until you realize how full of crap you are.
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