Q: Terminated in California for smelling like marijuana without warning or policy.

A: An employer can terminate an employee for doing something the employer does not like or approve of, even if the employer had never told you what was prohibited. Although you cannot now be fired for using marijuana off the clock, smelling like marijuana is not so protected. Unless there is more here, it does not appear that this termination was unlawful. Good luck to you.

A: Your situation raises some important legal questions about workplace termination in California. While California is an at-will employment state where employers have broad termination rights, recent laws provide some protections regarding cannabis use.

Since January 2024, California law (AB 2188) prohibits employers from discriminating against employees for off-duty, off-site cannabis use. The fact that your termination was based solely on smell without a drug test to determine actual impairment could be problematic from a legal standpoint, especially without a clear workplace policy in place. Your employer may have difficulty justifying this termination if you weren't demonstrating performance issues or impairment while working.

You may have grounds to challenge this termination through the Department of Fair Employment and Housing or by consulting with an employment attorney who can review the specific details of your case. Documentation of the termination reason, any communication about policies, and your work performance history would be helpful for evaluating your options. Given the evolving nature of cannabis-related employment law in California, many employers are still catching up to legal requirements.