Fired after disability claim and Medical Marijuana

[shaggin]

What is the name of your state (only U.S. law)? CA I lifted a box at work and got a hernia. My work sent me to a Dr. for disability and they took urine and did a drug test. I came up positive to THC. I have a medical marijuana license but do not use it at work. I have worked there 3 years and all my reviews have been excellent. My worked fired me and denied my disability. I work for a defense contractor as a machinist. Do I have any recourse?

 

[swalsh411]

In 2008 is California Supreme Court ruled that there is no protection for employees who use marijuana even if prescribed by a doctor. To my knowledge this has not been overturned. In other words it is not illegal to fire you for smoking pot even off hours and even if you have this license.

Your employer does not rule on your insurance claim, the insurance carrier does. Your termination and the denial of your claim are two separate issues. Why was your disability claim denied?

 

[sandyclaus]

In 2008 is California Supreme Court ruled that there is no protection for employees who use marijuana even if prescribed by a doctor. To my knowledge this has not been overturned. In other words it is not illegal to fire you for smoking pot even off hours and even if you have this license.

Your employer does not rule on your insurance claim, the insurance carrier does. Your termination and the denial of your claim are two separate issues. Why was your disability claim denied?

Maybe because OP was under the influence of illegal drugs while on the job?

Truth be told, just about anyone can get a Medical Marijuana license here in CA. That's kind of the problem. Just find a neighborhood MM clinic that is friendly, and they will usually write out the prescription if you pay them a few bucks under the table.

That being said, what exactly is the condition for which you hold the Medical Marijuana card here in CA?

 

[swalsh411]

That being said, what exactly is the condition for which you hold the Medical Marijuana card here in CA?

Why would it matter? It's legal to fire him for smoking pot regardless of his condition. He's not being fired because of the condition, he was fired because he smoked pot.

 

[Hot Topic]

And the Feds are "going at it" with California regarding the "right" to use MJ for "legal" purposes. More than one "club" has received a warning letter from Uncle Sam.

 

[justalayman]

and since OP was working for a defense contractor, I would suspect that means federal contracts. Federal laws will apply in many situations with this employer including any illegal (per federal law) drug use being more than adequate to allow termination.