A Wal-Mart employee who had a medical marijuana card issued by the State of Michigan failed a company drug test and was fired. Earlier, the employee had been recognized by Wal-Mart as an exemplary worker; he received the designation of "Employee-of-the-Year".
When hired, the employee passed an initial drug screen. He was injured on the job in 2009, right around the time he received his medical marijuana certification. As a matter of company policy, he was administered a drug test in conjunction with the injury. The employee tested positive for marijuana.
When fired, the employee hired a lawyer and sued his former employer in federal court. The case against Wal-Mart was dismissed for "failure to state a claim". The employee appealed to the Sixth Circuit.
The Sixth Circuit affirmed the dismissal, holding that the Michigan Medical Marijuana did not insulate him from the legitimate policies of his employer; and that the protections afforded by the Act did not extend to a private business.
This is another decision in the growing area of medical marijuana jurisprudence.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Criminal Law Updates, Labor & Employment Law Updates
Federal, 6th Circuit, Michigan |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Timothy Flynn, Clarkston Legal | Attorney Advertising