Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?
But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.
A:
Right now it is lawful for an employer to terminate an employee that tests positive for marijuana or its components. Effective January 2024, a California law will end that practice.
Good luck to you.
A:
It is likely--even under California law--that your employer can legally fire you for failing a drug test.
I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil, certain people do test positive under certain unusual conditions when the CBD oil contains even low levels of THC.
Because of lax regulations, CBD oil is often mislabeled as "THC-free" when it does, in fact, contain a low level of THC. Workers subject to workplace drug testing often choose CBD oil products labeled "THC-free" to avoid failing a workplace drug test. You may have a cause of action against the company that manufactured and sold the CBD oil for incorrectly labeling it as "THC-free" if it does contain THC.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you were fired from your job due to the use of CBD oil and believe that you were wrongfully terminated, you may have legal options.
In California, employers are generally prohibited from discriminating against employees based on their use of medical marijuana or CBD oil for medical purposes. However, it is important to note that federal law still considers marijuana to be illegal, so there may be some gray areas when it comes to the use of CBD oil.
If you were using CBD oil for medical purposes and believe that you were wrongfully terminated, you may want to consider consulting with an employment law attorney who can advise you on your legal rights and options. They can help you determine whether your use of CBD oil was protected under California law, and whether you have a claim for wrongful termination.
Additionally, if you were injured on the job and believe that you were wrongfully terminated in retaliation for reporting your injury, you may have a claim under California's workers' compensation laws. Workers' compensation provides benefits to employees who are injured on the job, and it is illegal for employers to retaliate against employees for reporting workplace injuries.
It's important to act quickly if you believe that you were wrongfully terminated, as there may be time limits for filing a claim. An employment law attorney can help you understand your legal rights and options, and can represent you in negotiations or litigation if necessary.
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.
