ACLU Sues Wal-Mart for firing cannabis employee.

[Skunkmiester]

BAD Wal-Mart, Bad!

The American Civil Liberties Union has filed a lawsuit against Wal-Mart for the termination of a Michigan employee whose doctor verified his illness qualified for medical marijuana use.

Wal-Mart, the nation's largest retailer, fired Joseph Casias in November 2009 after he failed an on-the-job injury-related drug test. Casias suffers from a rare form of cancer in his nasal cavity and brain, and he relied on his doctor's medical marijuana prescription to alleviate the daily pain. Casias is one of about 20,000 legal medical marijuana users in Michigan.

"Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine," said Scott Michelman, staff attorney with the ACLU Drug Law Reform Project.

"No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors," Michelman said.

Wal-Mart officials say they are sympathetic to Casias' condition, but the company needed to put the safety of its customers and associates first.

"As more states allow this treatment, employers are left without any guidelines except the federal standard," wrote Lorenzo Lopez, a director of media relations at Wal-Mart, in an e-mail to CNN. "In these cases, until further guidance is available, we will always default to what we believe is the safest environment for our associates and customers."

The ACLU's lawsuit, filed in Calhoun County Circuit Court in Michigan, comes at a time when the controversy over medical marijuana is still being debated in many states. To date, 14 states have laws allowing the use of medical marijuana, which protect legal users from criminalization. But the laws are murky when it comes to protecting users from termination by their employers in some states.

Casias told CNN in March that he never arrived at work high and used the medical marijuana only outside of his work hours.

Michigan is an at-will employment state, which means employers can terminate a worker for any reason except for being in a federally protected class such as race, gender and religion. The ACLU is arguing legal medical marijuana users should also be protected under a Michigan law.

"I was angry they did this to me because I always tried my best," Casias said to CNN in March. He had worked for Wal-Mart for nearly five years to support his wife and two young children. He started at the company as a grocery store stocker in 2004 before moving up to become an inventory control manager. He earned an Associate of the Year Award at Wal-Mart in 2008, a year before his termination.

He has battled with his cancer for more than a decade. The lawsuit says the medical marijuana was able to provide him with pain relief.

Click here for the full story.

 

[OjoRojo420]

Give 'em HELL!!!!

 

[JackTheGrower]

Most excellent news!

I'm now following this. We have to break the stereotype of cannabis use is somehow refer madness.

That's what this pee-testing is all about.

If anyone can counter this I welcome the news. I think it's nothing less than refer-madness.

You see friend even if California decriminalizes and like Oregon too, We can be fired from our jobs.

Now I agree there is no place in the workplace to be intoxicated on anything and that there are responsibilities to workplace safety but there is also reasonable use of medical cannabis.

Again we need leadership in the form of rescheduling Cannabis to no less than Schedule 2.

President Obama.. We need you to protect freedom here.

If We can spend 28 Billion Dollars training Afghan Police and they can smoke Hashish why can't Americans have the same freedoms? After all we Tax payers are paying for those jobs and they in turn are Federal jobs by our Tax dollar define.

 

[WaterFarmFan]

This is most definitely positive news!!! I could see this going to the Supreme Court, which win or lose would bring MAJOR media attention to this matter. Time for people to take our society back...

WFF

 

[KUSHEATER1]

hope it changes something

 

[JackTheGrower]

We need to look to 2012 in California to go after worker protections if nothing else!

This Tac2010 in California is just the first "Penetration" and we workers are still fucked!

So think about it. We need to get active for 2012 and get an Infinitive on the Ballot to protect us people!

Freedom isn't free..

 

[dank.frank]

 

[Grat3fulh3ad]

go aclu.

 

[treewizard]

About fucking time!

 

[JackTheGrower]

I just made a donation of a small amount of money to the ACLU.

There is a Blog also.

Word my fellow ICMagers I challenge you to donate!

Lets help the ACLU to help us not lose our jobs over Refer-Madness.

I have to say that even if we vote to decriminalize cannabis in California in November with Prop. 19 we face the Economic Government and it's oppressive Economic controls over our Freedoms!

Donate My Fellow Icmag,com friends!

Take time donate a Dollar but feel good about yourself and help the Friends!

Volunteer to help save us all! Show support for the ACLU. Let them Know we are here! We are real and we want FREEDOM!

Sign up on the main page as it opens the door to donate. http://www.aclu.org


Blog : http://www.aclu.org/blog/project/drug-law-reform


Just Do It!

This needs to go out to all sites and all people! This is the Big fight!

Ernst

 

[hippie_lettuce]

I've always worried about that, Jack. I'd like to see workers protected too...otherwise 'they' can't complain that smokers are 'lazy' - if they won't give us/let us keep jobs.

 

[2-COOH]

huh?

huh?

..fired Joseph Casias in November 2009 after he failed an on-the-job injury-related drug test..

..
I'm now following this. We have to break the stereotype of cannabis use is somehow refer madness.

That's what this pee-testing is all about.

Im not following you bro. The pee-test was initiated due to an accident. Not "reefermadness". You want this clutz working for you?

 

[2-COOH]

it would probably be a stronger case if indeed there were no accident involved. i.e."Your honor, my client was innocently bent over in the bathroom stall, and LEGALLY taking his midday medicine gravity bong hit from the toilet bowl, when he passed out and hit his head"...

 

[JackTheGrower]

Im not following you bro. The pee-test was initiated due to an accident. Not "reefermadness". You want this clutz working for you?

Wow.. Friend just try and see this from all sides.

Be well and many blessings to you and yours.. Peace.

 

[JackTheGrower]

I've always worried about that, Jack. I'd like to see workers protected too...otherwise 'they' can't complain that smokers are 'lazy' - if they won't give us/let us keep jobs.

It is a deep cultural issue but one where the Economic Government is the biggest offender on personal liberties.

We will not have freedom if we don't defend it.

 

[treewizard]

Im not following you bro. The pee-test was initiated due to an accident. Not "reefermadness". You want this clutz working for you?

That's just "Nanny State" propaganda. If some one is inebriated to the point cognitive dysfunction it will be visibly apparent to any competent supervisor and such behavior can be dealt with accordingly. It doesn't take Orwellian tactics but rather common sense which our society seemed to ditch in favor corporate policies and preformed protocol. Why do grown ass adults feel the desire to be protected from themselves?

Testing positive for THC metabolites is not the same as being intoxicated. He was the employee of the year. So simply writing him off as a "clutz" is dismissive. Shit happens and if you smoke herb then you stand to get fucked when it does. Check this out:
http://www.erowid.org/plants/cannabis/cannabis_writings6.shtml

You might also find this interesting.
http://www.erowid.org/references/refs_view.php?ID=1209

 

[JackTheGrower]

It's some odd sense of conformity. Those in the USA know there is social pressure to conform. We have had many "Bad-Guys" like the Communists well, lets go back, the Native Americans were the first and then we went after all others too.

Nixon started the war on the Hippy and we seem to have that as a cultural define in many communities. It's like having the first Black Family move in in the times of Civil Rights struggle or the neighbourhood's first Gay Couple buy the house next door and then have a nicer yard than yours and dress better too.

We are uncomfortable with change for the most part and tend to find comfort in grouping up against the "outsider." In this case a man who simply had a work incident.

It is odd that Pro-Cannabis people are also haters of Cannabis people but I have seen it too often especially along the "Profit Motive Divide of Cannabis freedom.".

 

[White-rhino]

Suing on what grounds? As far as I know WalMart is considered at will employment, and he can be fired for any reason whatsoever. They could just as well fire someone for NOT failing a drug test.

If the ACLU wants to foot the bill for the lawsuit, more power to them. But it seems to me, if he has a condition that prevents gainfull employment (by virtue of failing a drug test) he should also be suing for possible workmans comp. and SSI disability benefits for the rest of his life, which probably equal Walmart pay anyway.

If everyone who was fired for failing the drug test after procuring a legal prescription sued for Workmans comp, and/or SSI disability and won, I'm sure the laws would change real quick

 

[JackTheGrower]

Have a read. It's on the ACLU site! The whole process it out in the open!

If They get a ruling then when Federal finally has to relent we all get the freedom. That is what I am thinking but I welcome insightful input here. I'd figure the ACLU is smart enough to know what is up.

 

[White-rhino]

Seems to me if your prescribed medication is prohibited by the employer, that could be translated into "work related" injury if they force you to work without your lawfully prescribed medication. I'd go for all three money bags (Comp, SSI, & Walmart).