News & Analysis as of

Marijuana › Wrongful Termination

Cole Schotz

Recent Case Highlights Risks for New Jersey Employers When Terminating Employees for Cannabis Use

Cole Schotz on

On April 25, 2023, in Henson v. Daimler Truck North America LLC, Civil Case No. 22-cv-6479 (RBK/MJS), United States District Judge Robert B. Kugler ruled that the wrongful termination suit filed by an employee who was fired...more

Jackson Lewis P.C.

North Carolina Court Dismisses Employee’s Disability Suit Over Lawful Use of CBD

Jackson Lewis P.C. on

A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer. The employer had a drug testing...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

McDermott Will & Emery

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Emery on

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Adler Pollock & Sheehan P.C.

Marijuana in the Workplace

Adler Pollock & Sheehan P.C. on

Many of our employer clients have contacted us with questions about new laws and court decisions on medical and recreational marijuana, and what it all means for business managers charged with hiring, managing, and...more

Sheppard Mullin Richter & Hampton LLP

It’s High Time to Update Your Marijuana Policies

Sheppard Mullin Richter & Hampton LLP on

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Sherman & Howard L.L.C.

Drug Test Entitles Workers to Union Rep

Sherman & Howard L.L.C. on

The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. Manhattan Beer Distribs. LLC, 362 N.L.R.B. No. 192 (August 27, 2015). In this...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

Seyfarth Shaw LLP on

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

Mintz - Employment, Labor & Benefits...

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Mintz - Employment, Labor & Benefits... on

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

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