Q: Can a job offer be revoked due to me being a medical marijuana patient in Connecticut (not gov't job)?
I was offered a job a few months ago (contingent upon a drug screen and background check). I am a medical marijuana patient in the state of CT (PTSD sleep issues) and this job was located instate. I received an email from HR revoking the job offer due to a "failed drug test". When I replied requesting the test results, he said he hadn't received them yet. Prior to him emailing me, I spoke to the recruiter to let her know that the drug screen is taking longer than usual because of my medical marijuana patient status and I had emailed the testing facility pictures of my MMJ card and my driver's license. She said it may present an issue. I filed a complaint against the company through the dept of labor and EEOC and a settlement is being negotiated but it seems like they won't offer me a substantial compensation. Should I have an attorney this early in the process? And, should I be concerned if I decide not to accept a settlement I believe would be too low to compensate for the issue?
A: Pursuant to a recent federal district court case (Noffsinger v. SSN Niantic Operating Co. LLC,) Connecticut employees who have received approval from the state agency to use medical marijuana outside of work cannot be fired just because they test positive for marijuana during a drug screening. The court also held that employees and job applicants can sue based on a termination or a rescinded job offer. If you are interested in further information, please feel free to contact us. Thank you.
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