California Supreme Court Rules Employers May Terminate Employees for Use of Medical Marijuana

In case decided by the Court, the former worker suffered from pressure and muscular spasms in his back because of injuries he sustained while working at the United States Air Force.

Sometime following the acceptance from the voters of Proposition 215 called the Compassionate Use Act, allowing the use of marijuana for medical purposes, the prior worker started to use marijuana to alleviate his pain, predicated upon his doctor's recommendation.
Thereafter, the company provided the Plaintiff work. The employer took plaintiff to have a drug test. Prior to taking the exam, plaintiff gave the practice which could administer the evaluation a duplicate of his doctor's recommendation because of his marijuana usage. The practice advised him that he'd tested positive for marijuana usage. At the stage, the company suspended him. The Plaintiff then advised his new company of his doctor's approval to use marijuana to take care of his pain. On the other hand, the company terminated the worker due to his marijuana usage.
In his suit, the former employee asserted that the company violated the Fair Employment and Housing Act by releasing himbecause of his handicap and by failing to make reasonable accommodation for his disability. Plaintiff also alleged that the company terminated his employment , in breach of public policy.
The California Supreme Court concluded that the Compassionate Use Act didn't provide bud exactly the exact same standing as any prescription medication. No state law may totally legalize marijuana for health purposes, since the medication remained prohibited under Federal lawenforcement. Nothing in the history or text of the Compassionate Use Act indicated that the Republicans intended the measure would deal with the rights and duties of both employers and workers. The Supreme Court reasoned that the Fair Employment and Housing Act didn't require companies to adapt using prohibited drugs.
The California Supreme Court acknowledged that it had been legal for a company to say that an offer of employment on the consequences of a health evaluation, which this assessment might consist of drug testing. Employers may refuse employment to individuals who test positive for prohibited drugs. The Compassionate Use Act failed to remove marijuana's potential for misuse or the employer's legitimate interest in if a worker uses the medication. The Compassionate Use Act didn't require companies to adapt marijuana usage by their workers.