Should employees with valid medical marijuana cards who do not use at/prior to work be allowed to be fired for failing a drug screen?
nj.com
To treat his pain, Cobb was prescribed Percocet and Oxycodone, according to the suit, and, despite the disease, "excelled in his position for the years he worked while managing his pain with such medicine (opioids)."
In early 2017, Cobb says in the lawsuit, he was told by his doctor that medical marijuana would be a better way to manage his pain than opioids and he was prescribed medical marijuana, which "dramatically reduced" the other drugs he relied on.
On March 12, the suit says, Cobb fractured his hand while using a machine where the safety guards had allegedly been removed.
Company policy required because he was injured on the job that Cobb undergo a drug and alcohol screening. That screening came back positive for marijuana, according to the suit.
On the day after the accident, March 13, Cobb showed his medical marijuana prescription card to Ardagh officials. He said he had not used medical marijuana prior to or during his shift, according to his claim.
Cobb says in his suit he was told he had two choices: Be fired or enter into a rehabilitation program for his "drug problem."
He "pleaded for his job, cited his excellent work performance" and reminded officials he suffered from Marfan syndrome, but Ardagh failed to make any "reasonable accommodation" for him. He complained to his superiors that "he was being discriminated against because of his disability."
On March 13, Cobb was fired, the suit says. Cobb claims that firing was "solely because of his disability and its treatment course."
