Cannabis in the workplace (employee, collect, unemployment, owner)
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Monday I'll have to terminate a very good employee that tested positive to THC. It's in the company handbook and I have to let em go.
He is a machine operator and drives a company truck and i cannot take a chance on him hurting himself or others on the road as the lawsuits would flow like water.
I Texas i know I will win the unemployment claim that is sure to follow, but what if was California and the guy had a medical prescription for cannabis.
Are those poor business owners in CA screwed? Can you fire employees for a medical condition that requires medical treatment from marijuana?
I believe that they would still be okay in the termination, even if it is legal to smoke pot due to a medical condition, it is the same as if someone came to work drunk, drinking alcohol is legal, but not if it interferes with job duties. Especially in an issue of public safety. So, a person who has a script for legal marijuana could still be terminated due to a medical condition/medication, interferring with performing job duties. Same as if I drove a school bus, but took percocet for pain. I would lose my job, because you can't drive and take Percocet.
Remember, even if he does not get UI based on the termination from you, later on he could still collect UI, but it would not be charged against you. (If he was able to re-qualify, and file again, based on other employment).
I believe that they would still be okay in the termination, even if it is legal to smoke pot due to a medical condition, it is the same as if someone came to work drunk, drinking alcohol is legal, but not if it interferes with job duties.
I'm not sure if that's an appropriate comparison. Marijuana used in the medicinal sense is just that, a medicine. Alcohol is not.
Hmm, interesting question. UI is handled on the state level, correct? None the less, a company has every right to terminate an employ for drug use, so I don't see how such a worker in California would be able to have a claim. If a worker is having such a problem that they require narcotics or marijuana to function, then they should consider filling for disability. Of course, docs are handing out these little pot scripts like candy last I heard.
If the worker was in Texas, why did they have a script from California? Did they really expect it to hold any weight in Texas? Good thing you guys caught it though. Any mishaps on the road or with machinery, coupled with a positive drug test... The insurance situation would be a complete nightmare. These kinds of workers don't think about that and just assume the owners/bosses are being Nazis about a little innocent pot use. Not so much when you consider the liabilities and potential "what ifs" in business.
Monday I'll have to terminate a very good employee that tested positive to THC. It's in the company handbook and I have to let em go.
He is a machine operator and drives a company truck and i cannot take a chance on him hurting himself or others on the road as the lawsuits would flow like water.
I Texas i know I will win the unemployment claim that is sure to follow, but what if was California and the guy had a medical prescription for cannabis.
Are those poor business owners in CA screwed? Can you fire employees for a medical condition that requires medical treatment from marijuana?
This is why it needs to be legalized. There are people like you who believe that he is endangering people because he smoked pot sometime in the last 30 days. Do you know when he smoked? NO. Do you know if he smoked it once over the weekend, or while working? No, you don't.
I'd rather have an employee who smoked some pot than got whiskey drunk, came in the next morning still hungover, and then started operating the machine or driving your company truck half drunk.
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THC stays in the body a long time, it may be that he was only partaking at home. But if he was smoking on the job, he knew it was against the rules and that he could get fired. I wouldn't have any sympathy for him if he were doing that, the stuff does affect timing and judgment.
THC stays in the body a long time, it may be that he was only partaking at home. But if he was smoking on the job, he knew it was against the rules and that he could get fired. I wouldn't have any sympathy for him if he were doing that, the stuff does affect timing and judgment.
And that's the problem; there is no way to tell if he is using it at home or at work.
All other drugs have a short half-life, and will most likely never show up in a drug test.
Some a bunch of crack over the weekend, and it will be out of the system in a day. Heroin user? Same thing. A little pot? Sorry, you're fired because you took a few hits a month ago.
And that's the problem; there is no way to tell if he is using it at home or at work.
All other drugs have a short half-life, and will most likely never show up in a drug test.
Some a bunch of crack over the weekend, and it will be out of the system in a day. Heroin user? Same thing. A little pot? Sorry, you're fired because you took a few hits a month ago.
This is so true and makes the whole issue with pot BS,
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