News & Analysis as of September 22, 2024

Hiring & Firing › Dish Network

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Colorado Decision Shows Continuing Tension Between Legal Marijuana and Employer Drug Testing

Parker Poe Adams & Bernstein LLP on 6/26/2015

Last week, the Colorado Supreme Court rejected the claim of a quadriplegic employee terminated for testing positive for marijuana. In Coats v. Dish Network, LLC, the plaintiff possessed a valid medical marijuana card issued...more

Colorado Allows Firing of Employee Who Used Medical Marijuana

Cozen O'Connor on 6/24/2015

As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to...

Holland & Knight LLP on 6/22/2015

In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of...more

Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds

Cozen O'Connor on 6/19/2015

In a much anticipated decision, the Colorado Supreme Court confirmed an employer’s right to fire employees for drug use — even state-licensed use of medical marijuana. The court ruled in a unanimous decision that Dish Network...more

Even in Colorado, you can be fired for off-duty drug use

McNees Wallace & Nurick LLC on 6/18/2015

Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and...more

Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

Ballard Spahr LLP on 6/17/2015

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado...more

Even In Colorado, Employees May Be Terminated for Medical Marijuana Use In Violation of Company Drug Policy

Akerman LLP - HR Defense on 6/17/2015

In Coats v. Dish Network, LLC, the Supreme Court of Colorado upheld an employer’s decision to terminate the employment of a quadriplegic employee who worked as a customer service representative and who held a state-issued...more

Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

Polsinelli on 6/17/2015

On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this...more

Colorado Supreme Court Upholds Firing of Medical Marijuana User

Stoel Rives LLP on 6/16/2015

The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under...more

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Mintz - Employment, Labor & Benefits... on 2/7/2014

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

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