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Rightfully Terminated but believe punishment is discriminatory

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shabado9889

Junior Member
What is the name of your state (only U.S. law)? Arizona.

I was working at rock climbing gym for two years when the owner heard from a few customer's that I had been smoking marijuana on the job. He then approached other employees and harassed them about it (one of my friends tells me he was on the verge of yelling at my friend to make sure he was telling the truth). He set up a meeting with myself and another employee who had been heard smoking on the job. Where he then fired us because we made our gym unsafe. I understand this very much and I was at fault.

Then the owner goes on to pretty much ban me from the gym with the only possibility that if I am randomly drug tested for six months I may be able to allowed in. Within the climbing community there is many smokers and many come in to the gym high. They claim since they are aware of my habits I am now a liability. Also, they say if I am high I am not myself and can take action against them for me endangering myself.

I understand a business can deny any customer they want but can they do it against me because they fired me based on rumors? They never drug tested me and I never signed any papers saying I smoked/smoked on the job. They can only base me being high on what these few people say. Is this discrimination? Can they do this?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona.

I was working at rock climbing gym for two years when the owner heard from a few customer's that I had been smoking marijuana on the job. He then approached other employees and harassed them about it (one of my friends tells me he was on the verge of yelling at my friend to make sure he was telling the truth). He set up a meeting with myself and another employee who had been heard smoking on the job. Where he then fired us because we made our gym unsafe. I understand this very much and I was at fault.

Then the owner goes on to pretty much ban me from the gym with the only possibility that if I am randomly drug tested for six months I may be able to allowed in. Within the climbing community there is many smokers and many come in to the gym high. They claim since they are aware of my habits I am now a liability. Also, they say if I am high I am not myself and can take action against them for me endangering myself.

I understand a business can deny any customer they want but can they do it against me because they fired me based on rumors? They never drug tested me and I never signed any papers saying I smoked/smoked on the job. They can only base me being high on what these few people say. Is this discrimination? Can they do this?
Yes, they can. Even if it was discrimination it would not be illegal discrimination.
 

ecmst12

Senior Member
You are lucky that all they did was fire you and ban you from the property. I think the pot is making you stupid, unless of course you were this dumb BEFORE you were a habitual smoker.
 

cbg

I'm a Northern Girl
This is not even close to illegal discrimination. In fact, if you were banned for life it would still be legal.
 

xylene

Senior Member
Rightly or wrongly...

Marijuana is a mild painkiller and euphoriant

It reduces perceived fatigue, combats peak exhaustion (bonking), and induces relaxation and mental calmness.

These are all excellent properties for a performance enhancing drug in 'extreme sports', and is why it is widely used by many of those involved in such sports (skate, BMX, motocross, climbing, etc...)

The bottom line facts on marijuana don't change that the termination and gym ban are perfectly legal.
 

tranquility

Senior Member
Since its been about 30 years, you're probably right. I suppose that if one were to get the munchies and choose high glycemic index snacks during exercise, very low blood sugar (aka bonking) might be avoided. But, that seems more of a feature of the eating of carbohydrates and not of the use of marijuana.
 

ecmst12

Senior Member
On the other hand, if pot diminishes the FEELING of fatigue, then it's entirely possible that it will allow someone to push themselves past the point where their body should be telling them to stop, resulting in injury or worse, if it's done in a "live" rock climbing situation as opposed to in a gym.
 

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