1. Dear Drugs-Forum readers: We are a small non-profit that runs one of the most read drug information & addiction help websites in the world. We serve over 4 million readers per month, and have costs like all popular websites: servers, hosting, licenses and software. To protect our independence we do not run ads. We take no government funds. We run on donations which average $25. If everyone reading this would donate $5 then this fund raiser would be done in an hour. If Drugs-Forum is useful to you, take one minute to keep it online another year by donating whatever you can today. Donations are currently not sufficient to pay our bills and keep the site up. Your help is most welcome. Thank you.
    PLEASE HELP
  1. chillinwill
    A Great Falls man who says he was wrongly fired from his job for using medical marijuana has filed a $500,000 lawsuit against his former employer.

    Mike Babbitt in a complaint filed earlier this month against Loaf-n-Jug says he was discriminated against, lost wages and suffered other monetary damages.

    The company declined to comment.

    Babbitt says he is HIV-positive and is qualified to received medical marijuana.

    He says he told the company he received a medical marijuana card and the company told him it wasn't a problem.

    But Babbitt says he was fired in November after a drug test from the previous month showed the presence of marijuana.

    Babbitt's attorney says marijuana use falls under the company's definition of legal medication.

    Associated Press
    March 13, 2010
    Flathead Beacon
    http://www.flatheadbeacon.com/articles/article/medical_marijuana_user_sues_after_being_fired/16555/

Comments

  1. meaghn
    It will be interesting to see the backlash on this one. As of now, I don't believe that companies HAVE to honor a medical marijuana card...I think people can still be fired for failing drug tests. Anyone know any different?
  2. Terrapinzflyer
    as far as I have seen, mostly in CA, the courts have sided with the companies. I am not aware of the issue having been decided by a state supreme court yet (anyone have time and inclination to Research this? CA would be the state most likely for a case to have made it that far)
  3. bcubed
    Well in the US, unless one is held to a legally-binding contract (generally meaning union), one is employed "at will" and can be fired for any* reason.

    *"Any" is subject to a few constraints, though. One cannot be fired for "sex, race, color, religion, or national origin" (thanks to the Civil Rights Act), cannot be fired for being >40 (thanks to Age Discrimination Act), or for having a disability (thanks to the Americans With Disabilities Act).

    It sounds like the plaintiff here is claiming his ADA rights were violated. He has HIV (a recognized disability), takes marijuana for his disability, and was terminated for having taken marijuana.

    The problem would be that the ADA is a FEDERAL law, and (to date) the federal gov't does not allow for medical use of marijuana, nor does it recognize any therapeutic value deriving from it (as it is still sched. I).

    It will be intersting to see how this plays out, but I'm not hopeful for the plaintiff...
To make a comment simply sign up and become a member!