New Britain, CT asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Connecticut

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?

1 Lawyer Answer
Max Lavit Rosenberg
Max Lavit Rosenberg
  • Civil Rights Lawyer
  • Stratford, CT
  • Licensed in Connecticut

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 The court also held that employees and job applicants can sue based on a termination or a rescinded job offer.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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.