Can someone be fired for marijuana use?

This is a discussion on Can someone be fired for marijuana use? within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; An employee was in an accident with the company truck - it was totaled - and they were charged with ...

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Old Feb 23rd, 2007, 02:19 PM   #1
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Wink Can someone be fired for marijuana use?

An employee was in an accident with the company truck - it was totaled - and they were charged with the accident. The employee was sent for a post accident drug test and it came back positive for marijuana. The employee said he smoked marijuana two weeks ago. We do not feel we can trust the person to drive again. Can we fire him? We hired him to be able to drive to job sites.
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Old Feb 24th, 2007, 02:12 PM   #2
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Default re: Can someone be fired for marijuana use?

You certainly can for the positive drug test.
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Old Jun 3rd, 2008, 11:48 PM   #3
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Default re: Can someone be fired for marijuana use?

So his drug teat came back positive that doesn't mean that he was under the influence at the time of the accident. All that this proves is that he had smoked marjuana sometime in the last few weeks but not neccesairly while driving or at work for that matter. It's just pot relax, he didn't test positive for crack or meth.
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Old Jun 5th, 2008, 11:37 AM   #4
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Default re: Can someone be fired for marijuana use?

True but unfortunately he can still be fired...
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Old Jun 26th, 2008, 08:24 PM   #5
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Default re: Can someone be fired for marijuana use?

The employer has every right to fire someone who has tested positive for a controlled substance after an incident. The fact is reinforced further if they have a DFWP policy in effect, which it sounds like they do because of the post accident testing.

Regardless if the person was under the influence at the time of the accident or not is irrelevant. The company is or would be liable for any property damage, physical injuries sustained in an accident.
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Old Jun 26th, 2008, 08:28 PM   #6
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Default re: Can someone be fired for marijuana use?

This was me above.... I just registered.
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Old Mar 5th, 2009, 06:32 PM   #7
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Default re: Can someone be fired for marijuana use?

Spoken like a true user or true enabler. A user is a user and this person has the POTential for using on the job. Marijuana affects perception of time and space. This is an issue when driving. This is a safety issue, not an issue of "it's only marijuana.
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Old Mar 5th, 2009, 09:35 PM   #8
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Default re: Can someone be fired for marijuana use?

Time and Space

ANOTHER unregistered... next qouting the theory of the temperal fold.

Yeah you can fire him and sue him.

Unregistered should be considered roaches...
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Old Mar 6th, 2009, 01:50 AM   #9
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Default re: Can someone be fired for marijuana use?

If that is prohibited by his employment contract then it is legal to fire him. Using marijuana while driving or during work is a grave misconduct which may be a ground for termination.
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Old Apr 4th, 2010, 09:27 AM   #10
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Default re: Can someone be fired for marijuana use?

I WAS FIRED FROM A COMPANY IN 2005 FOR COMING OUT POSITIVE/ I HAVE NEVER MISSED A DAY IN WORK. IM NEVER LATE, I NEVER COME IN TO WORK SMELLING LIKE A BREWERY OR ESPECIALLY CIGARETTES, I RESPECT EVERYONE I WORKED WITH, AND I PULLED THE COMPANY OUT OF SOME SERIOUS SITUATIONS IN MILLION DOLLAR INSTALLATIONS. IN 2007 I WAS REHIRED... IN 2009 THE SAME SAFETY FIRED ME FOR NOT GIVING HIM A URINE SAMPLE. I HAD A PERFECT RECORD AND HIGHLY INVOLVED, MY ACCOMPLISHMENTS WERE WELL EXECUTED. CAN SOMEONE ACTUALLY FIRE SOMEONE FOR AFTER KNOWING THAT AN INDIVIDUAL HAD ALREADY BEEN FIRED FOR THE SAME REASON. WHY EVEN HIRE HIM.
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