When the Law Says Using Marijuana Is O.K., but the Boss Disagrees

EvilEyeFleegle

Dogpatch USA
Gold Supporting Member
Nov 2, 2017
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Twin Falls Idaho
Interesting issue....if it is legal..then why test/ Unless for a driving position or something of that nature..or...it is still illegal on a fed level..so why not test---or..should an employer have the right to decide...regardless of the legality?


When the Law Says Using Marijuana Is O.K., but the Boss Disagrees


"The relatively rapid acceptance of marijuana use in the United States has forced lawmakers and employers to grapple with how to adapt. Last month, Nevada passed a bill prohibiting the denial of employment based on a positive test for marijuana. In Maine, employers may not discriminate against people who have used cannabis, but state law does not specifically regulate drug testing. And under a bill overwhelmingly approved in April by the New York City Council and awaiting Mayor Bill de Blasio’s signature, employers would no longer be able to force job applicants to take drug tests for marijuana use."


"In a 2008 medical marijuana case, the California Supreme Court ruled that an employer could refuse to hire an applicant who tested positive for cannabis, even if it was legally prescribed for a disability. And in 2015, the Colorado Supreme Court ruled that Dish Network was legally allowed to fire a quadriplegic man who used medical marijuana at home, because the drug was still illegal under federal law."
 
A "condition of employment" is contractual and even if it is legal you freely agree to the contract in order to be employed.

Nothing wrong with this.. Even the NFL is now requiring conditions of employment on their players to not kneel during the anthem.. Its legal and ethical..
 
It would be very difficult to enforce a condition of employment that allowed you to dismiss an employee if they had ever consumed alcohol or taken prescription medication, even not at work.

I would like to see this tested in court.
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it
 
It would be very difficult to enforce a condition of employment that allowed you to dismiss an employee if they had ever consumed alcohol or taken prescription medication, even not at work.

I would like to see this tested in court.

There are differences between alcohol and marijuana in how they affect a person’s ability to function. It’s not discriminatory if applies to all employees in the same job.
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it

Disagree. It’s no different than a dress code. There is a particular decorum required when you’re on the job.
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it

Disagree. It’s no different than a dress code. There is a particular decorum required when you’re on the job.

Maybe but sometimes there is a casual Friday
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Alcohol is legal. You're free to come to work drunk.
Your employer is free to can your ass when you do.

Ethically speaking.
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Alcohol is legal. You're free to come to work drunk.
Your employer is free to can your ass when you do.

Ethically speaking.

Well your not getting fired for being drunk, its more the inability to do the job your hired for

and it may be also your behavior at work especially if you slap that booty
 
By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem
As a business owner, people come to escape the political BS and feel pride in their nation despite the differences. So if I want to succeed I can keep this out of my business and cater to my customers. So yes it is... you want to be kneeler, go somewhere else..
 
It would be very difficult to enforce a condition of employment that allowed you to dismiss an employee if they had ever consumed alcohol or taken prescription medication, even not at work.

I would like to see this tested in court.

There are differences between alcohol and marijuana in how they affect a person’s ability to function. It’s not discriminatory if applies to all employees in the same job.

It can be argued that alcohol has a more debilitating effect in the short term. As for other long term, that would depend on what clinical studies are presented in court. I'm not aware of any definitive research in this area.

I don't think these conditions of employment would be as enforceable as they were when cannabis was still criminalized.
 
It may be legal but I would not say ethical.

By making it a contractual agreement you have just reduced the national anthem to a business decision. Saying its good business to stand for the anthem

Instead of standing for the anthem based on personal freedom which is what this country was established on

granted the first amendment is so that the government cannot stifle free speech

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Now if they made it a law then they could not do it

Yet a business can by making it a requirement for employment which in a way goes against the idea of free speech. Ethically speaking.

Alcohol is legal. You're free to come to work drunk.
Your employer is free to can your ass when you do.

Ethically speaking.

Well your not getting fired for being drunk, its more the inability to do the job your hired for

and it may be also your behavior at work especially if you slap that booty

Same thing for weed.
 

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