Taking Care of HR Business
        A blog from the attorneys of Verrill

        Connecticut Advance Opinion: Affirming Arbitrator’s Finding That Termination Unwarranted of Employee Caught Smoking and Possessing Marijuana

        by Tawny L. Alvarez on August 23, 2016

        Yes, you read the title correctly, the employee was a state employee, who was smoking marijuana while working, in a work vehicle, while simultaneously possessing ¾ of an ounce of marijuana, but his termination has been found to be unwarranted. State of Connecticut v. Connecticut Employees Union Independent et al. (SC 19590)(official release August 30, 2016).

        Factual Background

        An hour and 50 minutes into his shift, the employee was observed “sitting in a state van parked in a secluded area of the health center campus,” along with a coworker, and was seen “sitting in the passenger seat with the door open, smoking from a glass pipe.” The employee had keys to the campus and could access “most of the health center campus, including the day care center, research laboratories and the hospital.” When asked what he was doing, the grievant responded, “just *%@%! off,” and then “acknowledged that he was smoking marijuana,” and “surrendered two bags of marijuana that he had in his possession,” which in total “weighed about three quarters of one ounce.” As a result, the University of Connecticut Health Center (his employer) fired him. The employee contested the termination pursuant to the parties’ collective bargaining agreement and an arbitrator held a hearing to determine if the dismissal was for “just cause.”

        What was the employee’s “justification” you ask? Well,

        He explained, with some detail, how he had brought his marijuana to work inadvertently,
        and how, when he and his coworker were presented with about ten minutes of time “to kill” between working assignments, they decided to park in the secluded area where the police officer had discovered them. According to the grievant, when he realized that a glass pipe
        in his possession was “smelly,” he decided to smoke the residue in the pipe to eliminate the odor, and at that point was caught by the officer.

        The Arbitrator’s Decision

        The arbitrator found the employee’s “explanations as to why he had marijuana at work, and why he had decided to smoke from his pipe, were disingenuous.” Despite this, however, the arbitrator concluded that termination did not “correspond with the notion of just cause,” and in support of this finding, cited the employer’s drug-free workplace policy, “which permitted termination for violations, but did not mandate it.” (emphasis added.) Further, “[c]iting the principle of progressive discipline as a vital component of just cause that provides a path to rehabilitation under appropriate circumstances, the arbitrator concluded that termination was unwarranted.” The employer appealed to the Superior Court and the Superior Court vacated the award, resulting in the case appearing before the Connecticut Supreme Court.

        Connecticut Supreme Court

        The question before the Connecticut Supreme Court was whether the arbitration award should be vacated as a violation of public policy. The Court starts the opinion noting: “there exists an explicit, well-defined and dominant public policy against the possession and recreational use of marijuana in the workplace.” The question then became, as a result of the need to provide deference to an arbitrator’s opinion, whether this public policy required dismissal as opposed to some other discipline. Ultimately, the court found, “the federal act, like the state policy it draws from it, does not require termination for drug related misconduct in the workplace, but rather, allows for the options of a lesser sanction or a rehabilitative approach.” When reviewing each of the factors determinative in reviewing an arbitrator’s opinion, the Court ultimately reversed the Superior Court’s decision and affirmed the Arbitrator’s decision.

        In conclusion, the Court noted, “If an employer wishes to preserve the right to discharge employees guilty of misconduct such as that at issue in this case, thereby removing the matter from an arbitrator’s purview, it remains free to negotiate for the inclusion of an appropriate provision in the collective bargaining agreement that would achieve that result.”

        For clients and friends who currently have collective bargaining agreements in Connecticut this is an extremely significant case and one which needs to be considered during the next round of negotiations. If you have additional questions on the possible effects of this decision on your company, contact a member of Verrill Dana’s Labor and Employment Practice Group to discuss further.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...