Failed Random Test

[linda621]

ok...so I got my paperwork sent in and check has been cashed but my 20 days is not up. So after 6 years with my employer and never being called in for a random I got called up for one and of course failed it. Does anyone know if i have any legal recourse here or not?

[+420Atheist]

My reading of the law is you should be protected however I don't think we will know for sure until Joe's case hits the supreme court. If your employer is taking a hard line then you may not have a lot of choices. Has your employer taken a position on MMJ?

[Brad]

Guilty or not you should scream "FALSE POSITIVE"! Let's retest (if you can stay clean long enough).

 

Many substances will cause a false positive for cannabinoids, as will sloppy lab work:

 

http://www.123zip.com/false-positives.html

 

http://answers.google.com/answers/threadview/id/784817.html

 

http://www.idmu.co.uk/drugtestcan.htm

[linda621]

no, my employer has not taken a position on MM which is why I have gotten an attorney and Brad, it would be hard to say false positive when I have already admitted to it. But I have been clean since my test in case they had asked me to retest.

 

Can you answer me this - once I know that I am not denied when will my legal date be? Does it go back to the day the state cashed the check or does it start at day 20?

 

I have already been fired and really don't know if I even want my job back because then everything I do is going to be closely scrutinized but I would like to at least get a severance package out of this.

 

Who is Joe? Is he the guy the got fired from Walmart?

 

One other thing here is that my HR dept never asked to see any of my paperwork regarding the MM.

[+RevThad]

I would only add the following..

 

"Section 8© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

Since you already have your doctor's recommendation, proving the requirements of Section 8 shouldn't be a problem. I would also recommend that you sit down with your employer and reassure them that you will not be medicating on the job, just as you wouldn't show up to work and take Nyquil. You get the idea.

 

While trying to play the false positive card might work temporarily, being deceitful will not benefit you or the relationship with your employer in the long run. As far as I know an employer has a right to fire for any reason in this state, the only exceptions to that are based on discrimination (which include disabilities). Therefore, getting it on the record that you are a patient, could help if you tried to fight being improperly fired.

 

I am not an attorney, and if you have any concerns, perhaps consulting one prior to any disciplinary actions may be in your best interest.

 

Hope it all works out for you.

[Brad]

The prevailing wisdom is; You are deemed granted if you are not notified in writing by the state within 15 days of receiving your application that you have been denied. Our law also gives the state 5 days to mail you your card, so thats where 20 days comes from. As I am not a Supreme Court jurist, I don't know exactly when you are legal, just what the law says. I have heard Melanie Brim, Director of the Bureau of Health Professionals (our regulating body), say on at least 2 occasions that she believes patients are legal as soon as the physician signs the certification.

 

Joe is Joe Cialis the fired WalMart employee.

 

Your HR does not care about your medical cannabis card. The probably have a "zero-tolerence" policy towards what they perceive as illegal drugs and medical cannabis happens to fall into that category. Maybe Joe and the ACLU can change that!

[+420Atheist]

They probably don't care about your paperwork. My guess is their argument will be that their drug policy applies to all marijuana use and they do not recognize any medical use. When your lawyer is done with them let us know if it is a company we can boycott. I did not do business with Walmart before Joe's case but now I will never do business with them.