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Az Card holder FIRED just for testing positive for THC

B

Blue Eyed Devil

New member
I'm a prop 203 approved card holder and was recently fired just for testing positive for pot. The Termination Notice read as such; "Discharged for an excessive level of cannaboids identified in drug test during work hours".- I did NOT violate any of the rules in ARS 36-2813 - Discrimination Regulations.

It took my former employer 2 WEEKS to make the decision to fire me. I was "on leave" for those 2 weeks without pay! Now, I'm unemployed ( family of 4 ),because I tested positive for a medication that I'm approved to use.

If any of you know a lawyer that would be willing to listen to my situation, and at least let me know if or how I can pursue this. The bottom line is this; - If I had tested positive for pain pills or anti-depressants, etc. nothing would have happened. - They actually asked me "if I would be willing to just go get some pills or something"?

ANY and ALL help would be greatly appreciated. :tiphat:
 
Art Vandelay

Art Vandelay

Active member
Damn dude that sucks, sorry to hear about your situation. If you go to Normls website i know there are some local lawyers on their page, hopefully they can help. Keep us posted on how things go!!
 
S

still pluggin

Member
Sorry brother, there is nothing you can do. You are currently using an illegal substance per federal law, and your employer has every right, legally, to fire you for using illegal drugs.

I sympathize on a personal level but legally speaking, there is nothing you can do. No lawyer worth his salt will take your case.

I suggest Googling up on "whizzinator" alternatives and fake urine. Cheating all private drug tests (read: non-probation) is exceptionally easy.

Good luck. Hopefully you can get unemployment while you look for a new job?
 
B

Blue Eyed Devil

New member
Still pluggin - Why should I have to cheat? I went by the rules and did everything proper and legal, but I'm still getting screwed. I understand the Feds part, but the State law says this:

36-2813. Discrimination prohibited

(Caution: 1998 Prop. 105 applies)

A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.

B. Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:

1. The person's status as a cardholder.

2. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

C. For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

D. No person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

I have to think that there is something I can do. Maybe not for me, but maybe the next guy, will have a case law to use as an example.
 
MIway

MIway

Registered User
Veteran
I don't know the type of work, but my first guess is osha... Occupational safety and health... Fed in to regulate pretty much any biz w emp's. Seeing that it isn't recognized by the fed, osha might see it as simply knowingly having a drug usin emp that might cause an unsafe condition for other people at work... Don't know how they would fuck w the company, but its possible. That would be their 'out'. Shit, a co-employee might also b narcin u out for whatever reason... Tryin to get u fired and-or fuck w the company... They might b pressin the company, and up comes a random for the whole dept. All they have to do is claim u had it in the car, in the company lot, and they feel unsafe. Just some thoughts.

Used to work in a large manufacturin plant w testin was an insurance issue, as much as safety. Anyway, even if u fight them... Then not like work there will ever be pleasant for u again... And it'l cost some bucks to even get that much. Tho if u'r boss is a decent person, and has a conscience, you should be able to work out a ref'l for the next job u apply towards... Assuming u were a good emp. Maybe they just don't like u to begin with, and this is their out... Terminations r often thought out and planned.

Its an uphill fight for a shit result. But u can tweak w some impunity... Gets outta the system quickly. ;-). I always knew who they were, and always knew I'd likely get fired over them cuz of a ua. Irony I suppose. Btw... There r employers that r like us too... Might just b a more comfortable workplace for u anyway. Peace
 
HUGE

HUGE

Active member
Veteran
Hate to say it but. You are prolly screwed. This type of case has gone to the supreme court a few times & they sided with the employer/Feds. Youuat learn that the rules are for suckers. None
 
siftedunity

siftedunity

cant re Member
Veteran
if you take some medication it will warn you not to operate machinary or drive or what not. so where mj is comcerned if you have a job which may affect your job then yup they will side with the employers
 
RockyMountainHi

RockyMountainHi

I'd rather laugh with the sinners than cry with th
Veteran
Maybe you can go after the doctor that gave you the MMJ endorsement, after all, he turned you into an unemployable pot head.

Time to look to "greener fields"

your best revenge, will be to do a hella job elsewhere.
 
MadBuddhaAbuser

MadBuddhaAbuser

Kush, Sour Diesel, Puday boys
Veteran
How did they determine "excessive level of cannibinoids"? Was this just like a pass/fail pee test or what?
 
megayields

megayields

Grower of Connoisseur herb's.
ICMag Donor
Veteran
still pluggin said:
Sorry brother, there is nothing you can do. You are currently using an illegal substance per federal law, and your employer has every right, legally, to fire you for using illegal drugs.

I sympathize on a personal level but legally speaking, there is nothing you can do. No lawyer worth his salt will take your case.

I suggest Googling up on "whizzinator" alternatives and fake urine. Cheating all private drug tests (read: non-probation) is exceptionally easy.

Good luck. Hopefully you can get unemployment while you look for a new job?
Click to expand...

A close friend moved to AZ a while back and had this exact same thing happen to him ( he was prop 215 and moved to AZ for lower cost of iving), the above poster is correct. AZ has to be one of the TOUGHEST states out their in not supporting prop 203, and it's an extremely conservative state so good luck if this goes to trial.

My friend spent over $7,000 in legal fee's only to find his case was not even brought to trial by the judge, sorry bro. Good luck on finding a new job!
 
supermanlives

supermanlives

Active member
Veteran
thats my field of work. saw a few guys loose their job . cause they failed the test the insurance company wouldnt cover any employee that was on drugs. and threatened to raise rates.
 
H

Hydro-Soil

Active member
Veteran
It's rigged. I'm terribly sorry for your misfortune...

However, this is also an opportunity.

You may have to look for something temp in the short run... Personally I would start looking for some self-employment for long term work.

Look around and see what types of needs there are in town. Spend some time thinking about things you can apply your skill to that may be worth shipping or setting up a side business for. Take the time to build things up slow and correct, you'll be glad you did.


Family is important. Around here we do our best to get employment that either involves the whole family or doesn't take us far/long. After all, we're happiest when we're together. :)

Stay Safe! :blowbubbles:
 
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