Category: Drug Testing
Letters from the Workers' Compensation Trenches
I am just back from an invigorating seminar put on by the national group to which we belong as the sole Maine member, the National Workers' Compensation Defense Network and want to share some highlights. This year's seminar, held in Chicago on September 22, included presentations on lots of...
Beer Distributor Appeals NLRB Finding as to Terminated Union Employee Who Reeked of Marijuana
Appellate briefing to the Second Circuit was completed earlier this week in Manhattan Beer Distributors LLC v. NLRB , a case in which the NLRB, in 2015, held that Manhattan Beer Distributors violated an employee's Weingarten rights when they terminated a distribution employee who "reeked" of marijuana after he...
Dude, I Think He’s High…Can I Fire Him?
Oftentimes clients ask, "When we think an employee is high, can we fire him?" My answer is consistently the same, "That depends." It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he's high, but...
Tractor Supply Co. Plowing New Terrain in Medical Marijuana Law
Last week, the United States District Court for the District of New Mexico issued a memorandum and order granting Tractor Supply Company's Motion to Dismiss in Garcia v. Tractor Supply Co . The Plaintiff, Rojerio Garcia, suffers from HIV/AIDS and was using medical marijuana under the Lynn and Erin...
Employer Successfully Parses the Haze in the Land of Enchantment
Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...
