Grocery store fires Arizona medical marijuana patient after drug test

[Admiral Rockwell Tory]

Pot smokers are failures. Failures at everything. Failures at being sentient creatures.

Ignorant generalization of the week.

Sorry hon, many of us live upper class lives, own homes and recreational toys. Work full time, pay our taxes, and follow the basic concepts of living in a civilized society. What I do with my private time and what I use to alleviate daily pain from building high end homes is my fucking personal business.

If you are self-employed, that's great!

If not, the employer decides what you can and cannot do as far as drugs.

 

[whitehall]

The guy had a fork lift accident and tested positive for marijuana. Should they promote the dude?

 

[Billy_Kinetta]

Grocery Store Fires Arizona Medical Marijuana Patient After Drug Test

Sue the state, , the state issues a card which says it is legal if it is legal the store has no legal right to fire someone unless of course it was used like booze lets say don't drink on the job.

The hard part about pot is you could smoke it today it will show up still 20 days , 30 days etc from the time you smoked. Booze gone inn 24 hrs .

Bullshit! The store has a policy, you agree to the policy when you hire on. If you violate the policy, then you lose your job for not following what you agreed to.

It's illegal discrimination according to state law.

Federal offense.

That aside, the state says it's legal for you to wear a big red clown nose. But I as your employer tell you not to wear your big red clown nose on company time, ever.

One day you do, and you refuse to remove it because it's a symbol of your individuality and belief in personal freedom.

Guess how fast you'll go out the door.

Guess who didn't read the article in the OP.

'Specially the reference to the state law.

Reading is hard and shit.

I did. Federal law supersedes state law in this matter.

And as always, there are sure to be insurance restrictions on such behavior.

 

[petro]

Pot smokers are failures. Failures at everything. Failures at being sentient creatures.

Ignorant generalization of the week.

Sorry hon, many of us live upper class lives, own homes and recreational toys. Work full time, pay our taxes, and follow the basic concepts of living in a civilized society. What I do with my private time and what I use to alleviate daily pain from building high end homes is my fucking personal business.

If you are self-employed, that's great!

If not, the employer decides what you can and cannot do as far as drugs.

I agree. However, those policies don't apply to our small outfit. I won't work for an employer with what are in my opinion draconian policies, and frankly in residential construction it is no guarantee a "drug free" workplace produces quality. I look for work ethic, ability to show up on time, and common sense when evaluating new workers and whether they will last. Plenty of drunks in the industry, and their production is far lower than any supposed pot head. Usually the drunks wash out pretty quick, as the job is far too demanding. Plenty of sober idiots who wash out also as a real work ethic is rare to find.

 

[Papageorgio]

Grocery Store Fires Arizona Medical Marijuana Patient After Drug Test

Sue the state, , the state issues a card which says it is legal if it is legal the store has no legal right to fire someone unless of course it was used like booze lets say don't drink on the job.

The hard part about pot is you could smoke it today it will show up still 20 days , 30 days etc from the time you smoked. Booze gone inn 24 hrs .

Bullshit! The store has a policy, you agree to the policy when you hire on. If you violate the policy, then you lose your job for not following what you agreed to.

It's illegal discrimination according to state law.

Federal offense.

That aside, the state says it's legal for you to wear a big red clown nose. But I as your employer tell you not to wear your big red clown nose on company time, ever.

One day you do, and you refuse to remove it because it's a symbol of your individuality and belief in personal freedom.

Guess how fast you'll go out the door.

Guess who didn't read the article in the OP.

'Specially the reference to the state law.

Reading is hard and shit.

I did. Federal law supersedes state law in this matter.

And as always, there are sure to be insurance restrictions on such behavior.

BINGO!! Just as with Arizona’s law on illegal immigrants was struck down, this one will be also.

 

[Anathema]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

 

[Bob Blaylock]

Grocery Store Fires Arizona Medical Marijuana Patient After Drug Test

Sue the state, , the state issues a card which says it is legal if it is legal the store has no legal right to fire someone unless of course it was used like booze lets say don't drink on the job.

The hard part about pot is you could smoke it today it will show up still 20 days , 30 days etc from the time you smoked. Booze gone inn 24 hrs .

From the article…

A forklift incident at work prompted the grocer to drug test Lee, who tested positive for marijuana.​

As someone who has been a professional forklift operator, I have this to say. You cannot be a forklift operator and a marijuana user. Period.

If the employer knew that this man used marijuana, even legally, for “medical” purposes, then he should never have allowed him to use a forklift.

And what is described here is standard procedure. When a forklift accident happens, the operator is drug-tested, and if he fails the drug test, he's fired.

 

[The Professor]

When the AMMA (Arizona Medical Marijuana Act) was first passed, employers could not discriminate against a medical marijuana user based solely on the results of a drug test. However, subsequent amendments to the Bill allowed removed this protection for many workers..

“Since the passage of AMMA, the legislature has passed several laws restricting the rights of patents. In 2011, HB 2541 allows an employer to fire a patient for workplace impairment solely on the word of a “reliable” colleague or a positive drug test and HB 2585 added marijuana patient data to the prescription drug monitoring program. In 2012, HB 2349 prohibited medical cannabis at all schools, vocational schools, and college campuses. In 2015, with HB 2346 the legislature specified that AMMA

The first link below shows the quoted text and the second link gives the specific provision of that HB 2541..

Arizona Medical Marijuana Laws & Regulations
https://www.azleg.gov/legtext/50leg/1r/bills/hb2541h.pdf

HB 2541 provides that an employer may institute a drug testing program and take disciplinary measures, including termination. based upon the results of those tests, if the worker occupies a Safety-Sensitive Position.

According to HB 2541, “Safety-sensitive position" means any job designated by an employer as a safety-sensitive position or any job that includes tasks or duties that the employer in good faith believes could affect the safety or health of the employee performing the task or others.”

HB 2541 specifically provides that such jobs include: “Operating a motor vehicle, other vehicle, equipment, machinery or power tools; repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage; performing duties in the residential or commercial premises of a customer, supplier or vendor. preparing or handling food or medicine and working in any occupation regulated pursuant to Title 32 (National Defense).”

Here's how one attorney put it:

“…. First the law exempts employers who would lose federal money or a federal license if they allow an employee to be a medical marijuana patient. However, what exactly this means in practice is undetermined. What about a long-term care facility that accepts Medicare dollars? Further the Arizona legislature in 2011 passed House Bill 2541 which allowed employers to refuse to place any employee who uses medical marijuana in a safety sensitive position. Safety-sensitive jobs are defined as "any job that requires duties or tasks that could affect the safety or health of the employee performing the task or others." This broad definition can be interpreted wildly differently by various employers. For example, it almost certainly covers a driver or crane operator, but what about a teacher or a pharmacist? These are all issues that must be resolved over time by the courts.”

Contributing Attorney > Ryan Hurley > Can an employer fire me for having a medical marijuana card?

CONCLUSION: . According to HB 2541, many employees in Arizona could lose their jobs over a single failed drug test. Whether the employee in the present case prevails will depend on whether or not his job is properly classified as a Safety-Sensitive Position. If he's a forklift operator, he's gone.

PS; Although the quoted attorney gave a fairly good description of the law, he was wrong in suggesting that a pharmacist was not necessarily a Safety-Sensitive Position. HB 2541 clearly says it is.

 

[The Professor]

Grocery Store Fires Arizona Medical Marijuana Patient After Drug Test

Sue the state, , the state issues a card which says it is legal if it is legal the store has no legal right to fire someone unless of course it was used like booze lets say don't drink on the job.

The hard part about pot is you could smoke it today it will show up still 20 days , 30 days etc from the time you smoked. Booze gone inn 24 hrs .

From the article…

A forklift incident at work prompted the grocer to drug test Lee, who tested positive for marijuana.​

As someone who has been a professional forklift operator, I have this to say. You cannot be a forklift operator and a marijuana user. Period.

If the employer knew that this man used marijuana, even legally, for “medical” purposes, then he should never have allowed him to use a forklift.

And what is described here is standard procedure. When a forklift accident happens, the operator is drug-tested, and if he fails the drug test, he's fired.

If he was operating the forklift, he can be fired under Arizona laws.

 

[Pogo]

Grocery Store Fires Arizona Medical Marijuana Patient After Drug Test

Sue the state, , the state issues a card which says it is legal if it is legal the store has no legal right to fire someone unless of course it was used like booze lets say don't drink on the job.

The hard part about pot is you could smoke it today it will show up still 20 days , 30 days etc from the time you smoked. Booze gone inn 24 hrs .

Bullshit! The store has a policy, you agree to the policy when you hire on. If you violate the policy, then you lose your job for not following what you agreed to.

It's illegal discrimination according to state law.

Federal offense.

That aside, the state says it's legal for you to wear a big red clown nose. But I as your employer tell you not to wear your big red clown nose on company time, ever.

One day you do, and you refuse to remove it because it's a symbol of your individuality and belief in personal freedom.

Guess how fast you'll go out the door.

Guess who didn't read the article in the OP.

'Specially the reference to the state law.

Reading is hard and shit.

I did. Federal law supersedes state law in this matter.

And as always, there are sure to be insurance restrictions on such behavior.

Uh, no it doesn't, The state law prohibits firing on that basis. That's got zippo to do with fed law.

 

[Billy_Kinetta]

Bullshit! The store has a policy, you agree to the policy when you hire on. If you violate the policy, then you lose your job for not following what you agreed to.

It's illegal discrimination according to state law.

Federal offense.

That aside, the state says it's legal for you to wear a big red clown nose. But I as your employer tell you not to wear your big red clown nose on company time, ever.

One day you do, and you refuse to remove it because it's a symbol of your individuality and belief in personal freedom.

Guess how fast you'll go out the door.

Guess who didn't read the article in the OP.

'Specially the reference to the state law.

Reading is hard and shit.

I did. Federal law supersedes state law in this matter.

And as always, there are sure to be insurance restrictions on such behavior.

Uh, no it doesn't, The state law prohibits firing on that basis. That's got zippo to do with fed law.

Uh, yes it does.

 

[Pogo]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

 

[Billy_Kinetta]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

Everyone read the article. You're simply wrong.

 

[Moonglow]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

Everyone read the article You're simply wrong.

I didn't..

 

[Billy_Kinetta]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

Everyone read the article You're simply wrong.

I didn't..

I meant people of note.

 

[Pogo]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

Everyone read the article. You're simply wrong.

Clearly you didn't. It's obviously easier to go "you're wrong" and STILL not bother to read the article, which clearly states the state law about discrimination.

 

[Anathema]

Clearly you didn't. It's obviously easier to go "you're wrong" and STILL not bother to read the article, which clearly states the state law about discrimination.

Sorry but you’ll never get me to agree that during snyone for failing to meet moral standards is a bad or improper thing to do.

If you want the job, follow the rules. Pure and simple.

 

[Pogo]

Clearly you didn't. It's obviously easier to go "you're wrong" and STILL not bother to read the article, which clearly states the state law about discrimination.

Sorry but you’ll never get me to agree that during snyone for failing to meet moral standards is a bad or improper thing to do.

If you want the job, follow the rules. Pure and simple.

Has absolutely nothing to do with any "moral standards". It has to do with state law, which clearly prohibits what the employer did. Those ARE the rules. Failure to read the article doesn't alter that. That's entirely on you.

 

[Billy_Kinetta]

You mean they paid the price of authoritarianism in the workplace, facilitated by lemmings who bend over for that shit.

It is ironic though that such control-freakism cost them half their joint talent. They shot themselves in the foot for the sake of ego-tripping.

Actually they were fired due to Federal DOT standards. Standards that have been in place for decades, including the entire careers of all five employees. They somehow thought a state regulation superseded Federal Regulations.

The three who weren’t hired all knew about the requirements before applying for the job.

I have no sympathy for any of them.

What you have none of is cognizance of wtf this is about, This is a wrongful termination case.
I'm getting the impression not a single one o' y'all bothered to read the OP article.

Everyone read the article. You're simply wrong.

Clearly you didn't. It's obviously easier to go "you're wrong" and STILL not bother to read the article, which clearly states the state law about discrimination.

Too funny.

Pogo's Axiom: "I have met the enemy, and he is me."

 

[whitehall]

Anyone who had an accident and tested positive for prescription drugs would be fired. Why is marijuana so sacred?