My wife and I are over 60, and we both have conditions that are treated with medical marijuana. We both work at companies that do random drug tests. Can we be fired if we get tested and cannabis is detected?
It depends. Even though cannabis is legal in New York, an employer is free to fire or take other adverse action against an employee who uses marijuana at work or shows up under its influence — even if taken to treat a medical condition. The understanding is that marijuana use to address a health condition must occur when you are off the clock and at intervals that allow you to work when you are not under the influence. The complication is that cannabis can be detected for weeks or months after use. However, as a certified medical marijuana patient, you are classified as disabled under New York law and therefore a member of a protected class. As such, your employer must engage in a good faith interactive process to assess your needs and see if there’s a way to accommodate your use of medical marijuana that does not impose an undue hardship on the employer.
Someone on my staff who works remotely has a second full-time job. I discovered his LInkedIn profile, and he has two current full-time roles listed. When I confronted him, he said that I’ve been happy with his performance, so why does it matter if he can juggle both? Can I make him quit his other job or fire him if he doesn’t?
You can fire him for stupidity. No one…