As reported in an earlier Legal Alert, on November 6, 2007, the California Supreme Court heard oral argument in the highly controversial case of Ross v. RagingWire. At issue in Ross is whether an employer must retain as an employee an individual who fails a properly administered drug test due to the compassionate use of medical marijuana.
On January 24, 2008, the California Supreme Court affirmed the decisions of the lower courts that dismissed Ross?s claim, and affirmed judgment in favor of RagingWire. Ross v. RagingWire Telecommunications, Inc. (Cal. Supreme Court 1/24/08).
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