Jump to content
UnevenEdge

Guess what day it is?!


Misaka

Recommended Posts

no

 

 

well, you're both technically correct.

 

 

federal law requires companies to drug test in certain safety sensitive jobs. otherwise, it leaves it up to the states and corporations to decide.

 

 

in states where it is legal, companies may still ask for drug screening and you may still be terminated for failure to pass. like the safety sensitive jobs which are in the fields of medical, manufacturing, driving... etc, you get it.

 

 

it gets really blurry though. the laws aren't really built to deal with the changing of legality regarding marijuana. some of the states have protections for medical privacy. so, if you acquire a license for medical use, merely asking an employee to be subject to drug screening is discrimination and goes against this law. however, its still federally illegal and so, if an employer wanted to push the case to that level, you would likely lose in a wrongful termination case... which costs a lot of money, so may be rare anyways. in states that do not have such protections, you're basically screwed as most employers involve in their contract language that you may be subject to a drug test including, but not limited to the case of a workplace injury. this may be at the choice of an employer or a statewide regulation which pertains to businesses of more than 50 employees. when you decide to sign that agreement, you sign away your right to file a discrimination charge. unless an incident occurs involving multiple people and only you or a portion were singled out for testing. good news is that most employers won't even drug test in such cases because a number of fields have too high a turnover rate to spend the money for drug testing. 

 

 

tl;dr

you're both technically correct and also, the laws are too blurry so matter what, as long as its still federally illegal, you could run the risk of being terminated for failure to pass a drug test regardless of what discrimination laws exist within specific states, or according to federal law as the lines have become too blurry with different levels of legalization within certain states.

 

 

also good to note that the testing method itself is part of the problem. you can issue a breathalyzer to determine if someone is working while still under the influence. you simply don't have those options with pot. merp :/

Link to comment
Share on other sites

Guest The Hound

being unemployed has its benefits, one of them is special punch.

 

Also If I was employed, I could make a reasonable argument for a wrongful termination case given that weed is legal in my state.

You could even go as far as saying Drug testing on 4/21 is entrapment, especially today in a society where the "holiday" is covered in mainstream media.

 

 

Link to comment
Share on other sites

 

well, you're both technically correct.

 

 

federal law requires companies to drug test in certain safety sensitive jobs. otherwise, it leaves it up to the states and corporations to decide.

 

 

in states where it is legal, companies may still ask for drug screening and you may still be terminated for failure to pass. like the safety sensitive jobs which are in the fields of medical, manufacturing, driving... etc, you get it.

 

 

it gets really blurry though. the laws aren't really built to deal with the changing of legality regarding marijuana. some of the states have protections for medical privacy. so, if you acquire a license for medical use, merely asking an employee to be subject to drug screening is discrimination and goes against this law. however, its still federally illegal and so, if an employer wanted to push the case to that level, you would likely lose in a wrongful termination case... which costs a lot of money, so may be rare anyways. in states that do not have such protections, you're basically screwed as most employers involve in their contract language that you may be subject to a drug test including, but not limited to the case of a workplace injury. this may be at the choice of an employer or a statewide regulation which pertains to businesses of more than 50 employees. when you decide to sign that agreement, you sign away your right to file a discrimination charge. unless an incident occurs involving multiple people and only you or a portion were singled out for testing. good news is that most employers won't even drug test in such cases because a number of fields have too high a turnover rate to spend the money for drug testing. 

 

 

tl;dr

you're both technically correct and also, the laws are too blurry so matter what, as long as its still federally illegal, you could run the risk of being terminated for failure to pass a drug test regardless of what discrimination laws exist within specific states, or according to federal law as the lines have become too blurry with different levels of legalization within certain states.

 

 

also good to note that the testing method itself is part of the problem. you can issue a breathalyzer to determine if someone is working while still under the influence. you simply don't have those options with pot. merp :/

 

Yea Michigan does drug testing

It's required

Link to comment
Share on other sites

Yea Michigan does drug testing

It's required

 

 

no, this is misleading.

 

 

unless you are speaking of an actual state employee or a safety sensitive position, then you are correct.

 

 

otherwise your statement is misleading as the state of michigan does not require all employers throughout the state to include drug screening as a term of employment. it does require that employers with over 52,000 employees establish the drug-free workplace program. this means they must include in your terms of employment language to state you may be subject to a drug screening as coincides with the drug free workplace agreement. it is otherwise up to the individual employer whether or not to do so.

 

it however does not require that the employer institute drug screening.

for example, i work for tjmaxx, we have the drug free workplace program established. we have plenty of employees that get hurt at work. unless they suspect that it was because the employee was under the influence of a substance, or the injury is great enough that it requires workers comp, they do not drug test. its just far too costly for an employer with a high turnover rate to implement drug testing every time someone needs stitches or twists an ankle.

Link to comment
Share on other sites

I'm the CEO & only employee. I'm well aware of the drugs I do and I'm not firing myself over it. End of story.

 

 

yea i get that, and you're not required to under the law in the state of michigan. i was speaking to the larger term as far as what is and isn't required being implemented differently across states.

Link to comment
Share on other sites

×
×
  • Create New...