Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)
The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How was he supposed to know if none of his superiors knew and he was never told. It was also not in his job description. I thought it was state law for an employer to inform an employee of a safety sensitive position. My husband has gone through MANY drug tests with this company through the years and all types of drug tests. If he was a "user", I think it would be known by now. He went through the necessary route to attain his medical card due to medical issues and failure of prescription drugs.
Background: He worked for the company for 15 years, had stock options, was paid a very nice wage, had insurance for our family of six, etc.
Could this be wrongful termination or discrimination?
A: In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that said…can you attempt for wrongful termination, sure, and you may get lucky and get a settlement or at short his job back, but there are no guarantees you will be successful. Good luck with your endeavor.
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