TreeOfLiberty
Well-Known Member
New law can shield firms in marijuana lawsuits
http://www.azcentral.com/arizonarepublic/business/articles/2011/05/02/20110502medical-marijuana-lawsuits-law.html
I figured that employers would come running soon to fight against the MMJ employment protection that Arizona had.
It focuses mainly on terminating employees that seem high on the job, but what I'd like to know is...what about the PRE-EMPLOYMENT drug screens that many companies require before hiring, I thought there was protection there.
From the way I see it, example- a potential employee (who is MMJ registered - but the company does not know it ) has just been hired after his or her interview but is given instructions to go to the lab across town and take the required drug screen.
They take the UA but show the drug lab technician the MMJ paperwork , and since the Arizona MMJ bill has the non-discrimination protection , what would that mean ? The lab technician cannot reveal to the employer that the prospective employee shows positive for THC metabolites ? Or can the lab technician reveal that they show positive for THC metabolites BUT that they are also a registered MMJ patient - and the employer would be forbidden to reverse their hiring decision and the new employee goes on into work on the starting date ?
I've taken pre-employment drug screens before and on 4 different drug screens I had prescriptions for Methadone and always got the job because the Methadone come under patient/doctor confidentiality and if the lab technician had revealed to the employer what I was taking , I would have 2 lawsuits, one against the employer for not getting hired and one against the drug lab for revealing confidential medical information.
But I'm not sure how the Arizona MMJ bill and pre-employment drug testing works involving MMJ.
It seems to me that if the drug lab reveals to the employer..."yeah your new hire shows THC metabolites but they're MMJ registered " .....that the employer will just make a mental note of that and just terminate them after 90 days or so when 99% of employers have what is called a "probationary new hire period".
If drug testing labs can indeed reveal to employers in Arizona that a new hire tests positive for THC metabolites even when they are MMJ patients, I can easily picture employers terminating their employment shortly thereafter , as in letting some time pass to make it look like the termination wasn't MMJ related just to cover their corporate ass and get rid of an undesired MMJ employee at the same time.
The only way I see a MMJ person having protection with a pre-employment drug screen is for the drug testing lab being forbidden to reveal a THC positive test.
Remember that Walmart employee in Michigan who was fighting cancer and got a random drug test because he had sprained his knee on the job and tested positive for MMJ ? I know that wasn't pre-employment, but suppose that happened NOW at a Walmart in Arizona.
I've been in Home Depot in 3 different states , and everyone had a sign on the front door that said "If You Use Illegal Drugs You Need Not Apply " , I imagine they have those same signs in Home Depots in Arizona. If employers can possess the knowledge of which of their employees are MMJ people, then MMJ people in Arizona are going to get screwed. If they can't fire them for MMJ, then they'll look for other reasons to fire them, or deny them promotions, or either put pressure on them to quit.
http://www.azcentral.com/arizonarepublic/business/articles/2011/05/02/20110502medical-marijuana-lawsuits-law.html
I figured that employers would come running soon to fight against the MMJ employment protection that Arizona had.
It focuses mainly on terminating employees that seem high on the job, but what I'd like to know is...what about the PRE-EMPLOYMENT drug screens that many companies require before hiring, I thought there was protection there.
From the way I see it, example- a potential employee (who is MMJ registered - but the company does not know it ) has just been hired after his or her interview but is given instructions to go to the lab across town and take the required drug screen.
They take the UA but show the drug lab technician the MMJ paperwork , and since the Arizona MMJ bill has the non-discrimination protection , what would that mean ? The lab technician cannot reveal to the employer that the prospective employee shows positive for THC metabolites ? Or can the lab technician reveal that they show positive for THC metabolites BUT that they are also a registered MMJ patient - and the employer would be forbidden to reverse their hiring decision and the new employee goes on into work on the starting date ?
I've taken pre-employment drug screens before and on 4 different drug screens I had prescriptions for Methadone and always got the job because the Methadone come under patient/doctor confidentiality and if the lab technician had revealed to the employer what I was taking , I would have 2 lawsuits, one against the employer for not getting hired and one against the drug lab for revealing confidential medical information.
But I'm not sure how the Arizona MMJ bill and pre-employment drug testing works involving MMJ.
It seems to me that if the drug lab reveals to the employer..."yeah your new hire shows THC metabolites but they're MMJ registered " .....that the employer will just make a mental note of that and just terminate them after 90 days or so when 99% of employers have what is called a "probationary new hire period".
If drug testing labs can indeed reveal to employers in Arizona that a new hire tests positive for THC metabolites even when they are MMJ patients, I can easily picture employers terminating their employment shortly thereafter , as in letting some time pass to make it look like the termination wasn't MMJ related just to cover their corporate ass and get rid of an undesired MMJ employee at the same time.
The only way I see a MMJ person having protection with a pre-employment drug screen is for the drug testing lab being forbidden to reveal a THC positive test.
Remember that Walmart employee in Michigan who was fighting cancer and got a random drug test because he had sprained his knee on the job and tested positive for MMJ ? I know that wasn't pre-employment, but suppose that happened NOW at a Walmart in Arizona.
I've been in Home Depot in 3 different states , and everyone had a sign on the front door that said "If You Use Illegal Drugs You Need Not Apply " , I imagine they have those same signs in Home Depots in Arizona. If employers can possess the knowledge of which of their employees are MMJ people, then MMJ people in Arizona are going to get screwed. If they can't fire them for MMJ, then they'll look for other reasons to fire them, or deny them promotions, or either put pressure on them to quit.