Judge Upholds Walmart's Firing Of Michigan Medical Marijuana User

[solabeirtan]

Is this judge even from Michigan? Did he vote in the Michigan polls?

 

Maybe he wanted his vote his way.

 

Look this judge is appointed by Bush. Bush never could complete a sentence. This judge can't read!!! AHHH,,,the good ol' boy system is still alive. Who cares how the people vote, the check and balance is in the courts and the government owns them too.

 

Makes me mad to see the three sticking together to keep us pee-on's in check. BIG government, BIG judicial rulings (for government and big business), and BIG companies. They own us and there is nothing we can do about it. Soooooo.... Pay your taxes, buy your meds from the major pharmacy only, and shop at you local A&P store (JK Big busneiss ran them out years ago.)

A&P Wooooaaaa that's gonna be a lil Hard to Find Co. Funny thing I was up at the Kroger, lil while back, just before they went out of business, [now WeeGees] struck up a conversation with the guy bagging my groceries, turns out they were all old A&P stores. He began pointing out all the old A&P Fixtures, like the Coffee Grinders,etc. Sadly meeting the same fate as Kroger in the End. Anybody know what A&P stood for : The Great Atlantic and Pacific Tea Co.

 

Yes they were the first of a Long line of Treachery done to the American Workers under Scrutiny of Two Governments. The A&P was sold to a German National (a person), the price was around $175 Million, happened in the 70's, I think. Here's the Kicker, as part of the Deal he got Control of the Union Pension Fund . The Price for A&P around $175 mil. The Pension fund was worth around the Same $170 Mil. He used the Pension Fund Monies to buy more Supermarkets, Like Kroger.

 

The main reason for this happening is the Anti Union Atmosphere perpetuated on the Workers of America. Some of the older Folks might understand that better. Just as they can appreciate the Battle in Front of US Now a little more! We've been Victims of this Phenomenon for the Last 70 Years. Union Membership peaked in 1952. The Reason for Unfair Labor Practices start at the GATT, Signed in 1949. After rejecting the UN Version in 1948, A substantial Work of 137pages called the Havana Charter. It was part of the Re-Ordering of the World after WWII. The Havana Charter allowed for international cooperation and rules against anti-competitive business practices and goes into great detail about protections for the Countries Work Forces.

 

[+Annnie]

Wow i thought this would be a shoe in win for Joe not only because of his excellent work record, His obvious qualification to use MM, and the protections written into the law. But since Nafta wal mart has had a policy of following the local laws of the state or country they are operating in. Hmm I wonder if this was brought up?

[+420Atheist]

Oh and by the way, Boycott Walmart. Thanks, Bb

 

I have for the last 10 years but now I have even more reason to.

[HGMS]

DETROIT -- Michigan law legalizing medical marijuana doesn't stop private businesses from firing people for drug use, a federal judge said Friday in dismissing a lawsuit against Wal-Mart Stores Inc.

 

read full story by following the link below

 

My link

 

[+wolfgang]

walmart can kiss my donkey again,hang in there Joe

[StonedPlanet]

Not sure what can be done until the at-will employment (or right to fire) is dealt with.

 

Some union contracts have it written in that the company can not fire an employee IF the termination would violate federal OR state law.. Not sure if that even helps in a right to fire state..

 

I am not sure if they hoped to keep more jobs here in MI by giving companies the right to fire at any time for any reason or if they expected companies to just screw employees over then move out of state anyways...

[badinuf]

Need to pickett the judge who can't read.

[hofner67]

I'm very discouraged with this ruling.

[Royal Smoke]

I'll probably get some flak over this, but.....

 

I could have told ya the outcome of this case before it even went in front of the judge.

 

Business owner's don't have to allow people to use their marijuana at work.

 

As a business owner, I don't want the government telling me who I have to hire anyway.....

 

It's my risk. It's my business. If I don't want someone smoking pot on the job, that should be up to me....the one taking the risk and signing the checks.

 

Now, I know the guy in the story said he never medicated before or during work........perhaps....

 

But how is an employer to know...

 

As for me smoking meds during work, I do it all the time, so I'm not on some high horse. I trust me though.... LOL

[Royal Smoke]

And for the people that say what about doing Vicodin all day at work... People can do that, right?

 

Guess what will happen to you if ya start nodding off or something?

[hofner67]

I'll probably get some flak over this, but.....

 

I could have told ya the outcome of this case before it even went in front of the judge.

 

Business owner's don't have to allow people to use their marijuana at work.

 

As a business owner, I don't want the government telling me who I have to hire anyway.....

 

It's my risk. It's my business. If I don't want someone smoking pot on the job, that should be up to me....the one taking the risk and signing the checks.

 

Now, I know the guy in the story said he never medicated before or during work........perhaps....

 

But how is an employer to know...

 

As for me smoking meds during work, I do it all the time, so I'm not on some high horse. I trust me though.... LOL

 

Guess I'm a more workers rights kinda guy. If I'm off the job and legally using, just because your testing is limited, doesn't mean I should have to pay the price as if I was high on the job.

 

And if I nod off, fire me. Just like you would for vicodin.

 

 

But thanks for being a business owner and risking you resources. Our country needs to foster entrepreneurs.

[mizerman]

I'll probably get some flak over this, but.....

 

I could have told ya the outcome of this case before it even went in front of the judge.

 

Business owner's don't have to allow people to use their marijuana at work.

 

As a business owner, I don't want the government telling me who I have to hire anyway.....

 

It's my risk. It's my business. If I don't want someone smoking pot on the job, that should be up to me....the one taking the risk and signing the checks.

 

Now, I know the guy in the story said he never medicated before or during work........perhaps....

 

But how is an employer to know...

 

As for me smoking meds during work, I do it all the time, so I'm not on some high horse. I trust me though.... LOL

1.) He wasn't smoking at work

2.) Educate yourself on the two different forms of THC in your bloodstream

3.) There is the active THC and the inactive THC

 

 

I'm kind of surprised you, or anyone on this site, would side with Walmart and/or the judge...and condone their actions. WOW! Speaks volumes...

 

Education is the key.

 

As to the other person who said they want to picket the federal judge - that isn't going to do any good whatsoever. That judge CAN READ. That judge is highly educated. That judge was APPOINTED and can work on that bench until he wants to leave.

 

I learned a great deal while sitting in the courtroom for three days out in Livingston County listening to the testimony of experts regarding THC testing in the blood.

 

I am positive you wouldn't even have the opinion that you do if you were more educated on the bloodwork testing, nanograms, etc...

 

Baffled!

 

 

Mizerman

[Royal Smoke]

1.) He wasn't smoking at work

2.) Educate yourself on the two different forms of THC in your bloodstream

3.) There is the active THC and the inactive THC

 

 

I'm kind of surprised you, or anyone on this site, would side with Walmart and/or the judge...and condone their actions. WOW! Speaks volumes...

 

Education is the key.

 

As to the other person who said they want to picket the federal judge - that isn't going to do any good whatsoever. That judge CAN READ. That judge is highly educated. That judge was APPOINTED and can work on that bench until he wants to leave.

 

I learned a great deal while sitting in the courtroom for three days out in Livingston County listening to the testimony of experts regarding THC testing in the blood.

 

I am positive you wouldn't even have the opinion that you do if you were more educated on the bloodwork testing, nanograms, etc...

 

Baffled!

 

 

Mizerman

 

It's just my point of view. I'm not siding with Walmart. I'm siding with business owners. If it's my business, what I say goes.... not what the government tells me.....

 

I'm educated on the 2 different forms of THC levels in the blood, and I'm also educated enough to know that some people can handle their meds and some people can't. It doesn't effect everyone the same. I'm sure there's people you know that you wouldn't want behind the wheel after smoking. For many of us, medicating and doing everyday things is completely normal, but it would be naive to think that 'everybody can handle their meds' like others.

 

Sometimes people have to think as if you owned the business. Yeah, I know, some people would say this and that and they'd never export jobs.... But when it's your business and your family's welfare is on the line and your credit is on the line and a whole number of other things...ya gotta do what ya gotta do to stay in business..

[StonedPlanet]

I don't side with just the business owners.. We all know how nasty the upper management can be!

In this case, I side with Joe! He had an outstanding record at his work place before an accident happened. He wasn't severely injured but they sent him for a test in hopes that he would fail so they could fire him and not pay for the accident..

 

It is disgusting to put it lightly that companies can do this to an employee with such an outstanding record! Joe proved through his work performance that he was not using on the job, and he was never suspected of using on the job either!

They tested him just to be able to fire him just because of a little accident!

[bobandtorey]

GRAND RAPIDS, Mich. -- The American Civil Liberties Union (ACLU) said late Friday it will appeal a federal court decision to dismiss a lawsuit it filed against Walmart for firing an employee for using medical marijuana in accordance with state law.

 

Joseph Casias used marijuana to help treat the symptoms of an inoperable brain tumor and cancer, but was fired from his job at a Walmart in Battle Creek, Mich., after he tested positive for the drug.

 

Casias, who was the store's 2008 Associate of the Year, claims that he never used marijuana while at work and never went to work while under the influence of pot.

 

But a federal court judge in Grand Rapids determined on Friday that the law does not require businesses to make accommodations for employees like Casias.

 

"We intend to appeal this disappointing decision," Scott Michelman, staff attorney with the ACLU. "A choice between adequate pain relief and gainful employment is an untenable one that no patient should ever be forced to make. Yet Walmart forced Joseph to pay a stiff and unfair price for using a medicine allowed under state law that has had a life-changing positive effect for him."

 

The ACLU will appeal the decision to the US Court of Appeals for the Sixth Circuit.

 

 

 

http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20110212/NEWS/110219934/-1/NEWSMAP

[hofner67]

wish we knew the legal arguments and not just the sound bites for the papers and tv

 

GRAND RAPIDS, Mich. -- The American Civil Liberties Union (ACLU) said late Friday it will appeal a federal court decision to dismiss a lawsuit it filed against Walmart for firing an employee for using medical marijuana in accordance with state law.

 

Joseph Casias used marijuana to help treat the symptoms of an inoperable brain tumor and cancer, but was fired from his job at a Walmart in Battle Creek, Mich., after he tested positive for the drug.

 

Casias, who was the store's 2008 Associate of the Year, claims that he never used marijuana while at work and never went to work while under the influence of pot.

 

But a federal court judge in Grand Rapids determined on Friday that the law does not require businesses to make accommodations for employees like Casias.

 

"We intend to appeal this disappointing decision," Scott Michelman, staff attorney with the ACLU. "A choice between adequate pain relief and gainful employment is an untenable one that no patient should ever be forced to make. Yet Walmart forced Joseph to pay a stiff and unfair price for using a medicine allowed under state law that has had a life-changing positive effect for him."

 

The ACLU will appeal the decision to the US Court of Appeals for the Sixth Circuit.

 

 

 

http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20110212/NEWS/110219934/-1/NEWSMAP

[Croppled1]

1.) He wasn't smoking at work

2.) Educate yourself on the two different forms of THC in your bloodstream

3.) There is the active THC and the inactive THC

 

 

I'm kind of surprised you, or anyone on this site, would side with Walmart and/or the judge...and condone their actions. WOW! Speaks volumes...

 

Education is the key.

 

As to the other person who said they want to picket the federal judge - that isn't going to do any good whatsoever. That judge CAN READ. That judge is highly educated. That judge was APPOINTED and can work on that bench until he wants to leave.

 

I learned a great deal while sitting in the courtroom for three days out in Livingston County listening to the testimony of experts regarding THC testing in the blood.

 

I am positive you wouldn't even have the opinion that you do if you were more educated on the bloodwork testing, nanograms, etc...

 

Baffled!

 

 

Mizerman

 

I am confused why is it OK to drive or work on FDA drugs and not Cannabis or Marinol that are recommended by a Doctor . ? There was never a question of driving or working on Marinol until Medical Cannabis was passed in California . The other components of Cannabis are known to counteract the psychoactive THC so how do the experts say the substances compare ? . . Expert witnesses testified the earth was flat at one time . There is no standard of impairment substantiated by empirical evidence by any study in fact the reverse is true in driving tests when I have studied the issue .Officials are trying to just make one but there is none . Cannabis cannot be compared to alchohal the effects are not similar - valium maybe but we accept it in the sick because of the help it provides those already impaired by injury and disease . We do not restrict abillity within reason to work and drive on it as we also recognize the term ' accident ' in people who have no substances in their systems and are with no known illness or injury ..

 

I can see how this was upheld in a Federal case and placed there under interstate commerce by Walmart . I doubt Mr Casias can .State Law should still protect individuals as the MMMAct reads too . You can terminate anyone under at will employment but isn't there a distinction between just and unjust cause . This should at least apply to intrastate businesses in my mind . I am just thinking trying to encourage positive discussion not trying to provoke .

 

I will not trust all expert testimony as was reported in Mr Vanderbutts case a expert stated that it was impossible to freeze and use marijauna according to news I read - That is abolutely untrue . That is like saying you can't use a grinder because trichomes fall into the bottom . Believe me you can freeze and use Cannabis in absolute terms inspite of what many say and that court testimoney if stated as reported in some mediia accounts was perjury . I never saw the transcripts to know if that was true . The environment for all of us along with the consequences are so dire everything must be questioned and verified . Here we all are sick / injured and that is our impairment were trying to offset leaving us at the mercy of those unable to understand how this is givng us medicinal benefit outweighting other side effects .

 

What is most upsetting about the Casias case is that it was early in the program and as soon as his employer ( Walmart ) said there was a problem he said fine I will no longer use Cannabis and wait to return to work until I test clean . It was the lawyers and management that forced this whole issue on him . Further I believe they choose not to push the unjust cause issue which happens at the State level and agreed to pay his unemployment . Someone can correct me if I am wrong .

[StonedPlanet]

I wonder if there are any RIGHT TO WORK states out there.....

Instead of right to fire

 

Don't we as Americans have the right to work?

[badinuf]

I wonder if there are any RIGHT TO WORK states out there.....

Instead of right to fire

 

Don't we as Americans have the right to work?

 

 

Close down the shipping ports that other nations own in the USA and you will have a job. It's a shell game that the rich play and always in the end the weak and poor is always the brunt of the buck.

 

I'm sure that judge who can't read got paid real good by Walmart. Or is about to.

[solabeirtan]

I'll probably get some flak over this, but.....

 

I could have told ya the outcome of this case before it even went in front of the judge.

 

Business owner's don't have to allow people to use their marijuana at work.

 

As a business owner, I don't want the government telling me who I have to hire anyway.....

 

It's my risk. It's my business. If I don't want someone smoking pot on the job, that should be up to me....the one taking the risk and signing the checks.

 

Now, I know the guy in the story said he never medicated before or during work........perhaps....

 

But how is an employer to know...

As for me smoking meds during work, I do it all the time, so I'm not on some high horse. I trust me though.... LOL

 

Nice to know the old Double Standard is alive and well. I'm sure your employees think very highly of you, too !

[Royal Smoke]

Nice to know the old Double Standard is alive and well. I'm sure your employees think very highly of you, too !

 

[bobandtorey]

United States District Judge Robert Jonker ruled Friday that the state's new medical marijuana law may protect those using the drug from arrest, but it does not alleviate employers from their duty to ensure a safe workplace for employees and customers.

 

 

 

Continue reading on Examiner.com: Federal Judge confirms Walmart can fire legal marijuana users - Detroit human capital | Examiner.com http://www.examiner.com/human-capital-in-detroit/federal-judge-confirms-walmart-can-fire-legal-marijuana-users#ixzz1DwpzXH7f

 

well the judge said it MAY protect you for arrest

[GreatLakesMeds]

He said the law “says nothing about private employment rights. Nowhere does the (law) state that the statute regulates private employment, that private employees are protected from disciplinary action should they use medical marijuana, or that private employers must accommodate the use of medical marijuana outside of the workplace.”

also rejected a request to have the case remanded for trial in Calhoun County Circuit Court. Jonker heard arguments on the case in November, and signaled that Casias' attorneys had tried to expand the law to the workplace.

 

 

idiot...

who writes this stuff...

apperantly this author didnt even bother to read the bill before they wrote this article:

section 4..

HELLO

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

Maybe you should brush up on your grammar skills before you call someone an idiot.

 

"including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana"

 

You are reading this wrong. You need to read it the way grammar rules tell you to:

 

"including but not limited to civil penalty or disciplinary action by a:

 

- business licensing board or bureau, an

- occupational licensing board or bureau, or a

- professional licensing board or bureau,

 

for the medical use of marihuana"

 

See? The Act doesnt say a "business" it says a "business licensing board or bureau."

 

If the Act was read like you read it, it would say:

 

"including but not limited to civil penalty or disciplinary action by a:

 

- business, an

- occupational, or a

- professional licensing board or bureau,

 

for the medical use of marihuana"

 

See - so by your read, a "business" can't discriminate against an MMJ user, and an "occupational" can't either. What would this mean? An occupationcal can't discriminate. It doesn't make sense because you are reading it wrong.

 

Please quit calling people idiots and go back to grammar school.

[+420Atheist]

It's just my point of view. I'm not siding with Walmart. I'm siding with business owners. If it's my business, what I say goes.... not what the government tells me.....

 

...

 

Sometimes people have to think as if you owned the business. Yeah, I know, some people would say this and that and they'd never export jobs.... But when it's your business and your family's welfare is on the line and your credit is on the line and a whole number of other things...ya gotta do what ya gotta do to stay in business..

 

I am a consultant and interact with small and medium business owners every single day. There are good ethical business owners and there are those who act unethically and justify their greed as just being good business.

 

I hope we can get past the 1800s attitude you have toward business. If left up to what business owners says goes we would be back to 8 year old kids losing limbs in factory jobs that work them 16 hours a day. We would be back to the companies paying in company dollars that are only spendable in the company store that you "owe your soul to." I hope we never seen the Gibsonian cyberpunk world where corporations rule the people (oh bunny muffin we are all ready there.)

 

Why people feel we need police to watch that people don't break laws like speeding to keep everyone safe but corporation don't need regulators to keep them from acting in a unethical manor is beyond me.

 

They had no right to fire Joe. There should be equal protection. If you don't fire people with vicodin in their systems at work then you have NO RIGHT to fire someone with medical marijuana. If businesses are not going to act ethically then they must be forced to. You know why Walmart does drug testing after a workplace injury don't you? It has nothing to do with a suspicion the person was under the influence and contributed to their own injury. It has everything to do with an unethical excuse to get out of paying any long term medical or workers compensation. This is unethical greed at it's worst.

[Royal Smoke]

Thanks for your intelligent reply. You've really given me something to think about.....

 

 

I'm sure I came off kind of wrong in my post....

 

It's just everybody always seems to be against the big, bad, companies out there. They often forget about small businesses. Not every business is a Walmart.

 

I guess my main point is that if someone has the stones to take the risk to run a business, it should be ran the way they want and not the government. I know regulations need to be put in place, like you mentioned children losing limbs and such.....

 

I'm against the big wig execs that rob companies and treat employees unfairly too...... I'm just saying sometimes people forget about small business owners and lump them all together...