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Title: Colorado Supreme Court: Employers can fire for off-duty pot use
Source:
The Denver Post
URL Source: http://www.denverpost.com/marijuana ... ms-lower-court-rulings-medical
Published: Jun 15, 2015
Author: Alicia Wallace
Post Date: 2015-06-15 14:23:07 by cranky
Keywords: None
Views: 14155
Comments: 80
Lawyer for Dish Network employee fired after using medical pot to treat muscle spasms calls ruling "devastating". Brandon Coats, right, with his mother Donna Scharfenberg sitting by his side, Sept. 30, 2014. The Colorado Supreme Court on Monday affirmed lower courts' rulings that businesses can fire employees for the use of medical marijuana — even if it's off-duty. The 6-0 decision comes nine months after the state's highest court heard oral arguments in Brandon Coats' case against Dish Network. Coats, who had a medical marijuana card and consumed pot off-duty to control muscle spasms, was fired in 2010 after failing a random drug test. Coats challenged Dish's zero-tolerance drug policy, claiming that his use was legal under state law. The firing was upheld in both trial court and the Colorado Court of Appeals. DOCUMENT: Colorado Supreme Court affirms ruling When the case went to the state Supreme Court, legal observers said the case could have significant implications for employers across Colorado. They also noted that the ruling could be precedent-setting as Colorado and other states wrangle with adapting laws to a nascent industry that is illegal under federal law. As such, the question at hand is whether the use of medical marijuana — which is in compliance with Colorado's Medical Marijuana Amendment — is "lawful" under the state's Lawful Off-Duty Activities Statute. That term, the justices said, refers to activities lawful under both state and federal law. "Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute," Justice Allison H. Eid wrote in the opinion. The justices said the court will not make a new law. Current Colorado law allows employers to set their own policies on drug use. Coats' attorney Michael Evans, of Centennial-based The Evans Group, called the decision "devastating." "For people like Brandon Coats, there really isn't a 'choice,' as MMJ is the only substance both he and his (Colorado-licensed) physicians know of to control his seizures due to his quadriplegia," Evans said. "He has to have it. " A silver lining of the decision, Evans said, is that it provides clarity in a "scary, gray area" of state law. "Today's decision means that until someone in the House or Senate champions the cause, most employees who work in a state with the world's most powerful MMJ laws will have to choose between using MMJ and work," Evans said in a statement. Six of the seven justices decided on the case. Justice Monica Marquez recused herself because her father, retired Senior Judge Jose D.L. Marquez, was on the Court of Appeals panel that upheld Coats' firing. Sam Kamin, a law professor at the University of Denver, said the justices' decision comes as no surprise. "It's easy to make too much of this decision," he said. "It really comes down to interpreting this one word in this one statute." As a matter of statutory interpretation, the court got it right, he said. But for Coats and medical marijuana advocates, this is a blow, Kamin said. Coats was a "dream plaintiff" in that marijuana served as medicine, he said. Coats was rendered a quadriplegic by a car accident and used marijuana to control leg spasms. The cause likely would land in the hands of the state legislature, Kamin said. "I think (Coats') case is very sympathetic, and I think his case would be quite compelling before the legislature," Kamin said. 
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#1. To: cranky (#0)
It's a bullshit ruling. Can they also fire people for drinking away from the job if they aren't coming to work drunk? Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Can they also fire people for drinking away from the job if they aren't coming to work drunk? That is a fair point. But there is no test for pot intoxication just for past pot use. Also, I am against drug tests by employers except for certain cases like drivers or pilots or public safety jobs. Other than that, what people do in their free time - that does not carry over into their work time is their business.
I agree. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Yes....and do so legally. Many employers reserve the right to fire an employee for any reason -- including drinking after the close of the business day. Furthermore, one company legally fired an employee for divorcing her husband without company approval. The employee was terminated for reasons of “moral laxity.”
A libertarian society = property rights and "codes of conduct". Today, executives of companies almost always sign an employment contract that includes a "morality" clause (a code of conduct). In a future where the nanny state is much less prevalent, employment contracts that include a "code of conduct" will be much, much more prevalent. This is a good thing. It's called freedom.
"Today's decision means that until someone in the House or Senate champions the cause, most employees who work in a state with the world's most powerful MMJ laws will have to choose between using MMJ and work," Evans said in a statement. Well like all of these stories there's more to it I'm sure. If CO has legalized medical pot for prescription use then the company must make that clear to its employees that they won't allow it. Think of it. A company which probably has several corporate locations throughout the country and has a zero tolerance drug policy cannot make exceptions for one state. The only ace in the hole for the defendant is if he went to the company with a doctor's note with the prescription in hand. Then the company would be on notice he is a medical user. The problem with this article is how the information is presented. Did this man notify his employers before using the medical pot? If no and he waited to test positive for pot then there is not much a company with a zero tolerance policy can do. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
Yes. There are tests to see if someone abuses alcohol. My company conducts such tests. They have to given the nature of the work. They test for pot too and other drugs. Even their offices in CO. Which is why this ruling answered a few questions I had. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
But that's the problem with alcohol and drug dependency. It DOES leak over to the job place. Either by loss of sleep, hang over and eventual 'lunch time' breaks. 60 mins did a piece on Detroit auto workers taking their 90 min lunch at a local abandoned parking lot. Drinking beer and smoking pot and then heading back to the assembly line. So think of that the next time someone 'forgot' to put in an airbag in your car because they were drunk or stoned or BOTH! Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
Many employers reserve the right to fire an employee for any reason -- including drinking after the close of the business day. Furthermore, one company legally fired an employee for divorcing her husband without company approval. The employee was terminated for reasons of “moral laxity.” You can sue anybody for anything,but WTF do these people think they are,the offspring of Hitler and Stalin? Companies and corporations HIRE people,they don't buy them to own. That crap is un-Constitutional . Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
No choice at all they will go on unemployment/welfare/food stamps before they give up the doobie. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
I can see this with some occupations,but for a guy that answers phones for Dish Network?????? Where is the justification for that? Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
He's all in for immorality so he doesn't care. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
If Federal law prohibits it, then the answer apparently is yes. There are three kinds of people in the world: those that can add and those that can't
Hmmmm....well, not quite. A judge ruled you can't sue the NSA for secretly spying on you unless you prove you're being secretly spied on.
The writer asserts the court based its decision on existing Federal law not current Colorado state law. There are three kinds of people in the world: those that can add and those that can't
And welfare. God forbid we test the lazy sheep. Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Anybody and everybody on welfare is living on the public dime,and should be required to take drug tests as a condition to keep their free housing,food,medical care,and monthly checks. Anyone found testing positive or that gets convicted of a crime should also lose any and all welfare benefits,and any parents whose children are arrested more than once for crimes should lose their welfare benefits also. Want to get those out of control kids under control,I guarantee you the way to do it is threaten to take away all of mama's "free stuff". Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
You communists have infiltrated us. Here are more examples of your commie goals that are in the congressional record from 1963. More proof besides the fact that you support a commie for president. More proof besides the fact that you think babies are ok to snuff out. Like most all liberals do. 26. Present homosexuality, degeneracy and promiscuity as "normal, natural, healthy." 27. Infiltrate the churches and replace revealed religion with "social" religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a "religious crutch." . Eliminate prayer or any phase of religious expression in the schools on the ground that it violates the principle of "separation of church and state." Support any socialist movement to give centralized control over any part of the culture--education, social agencies, welfare programs, mental health clinics, etc. Eliminate the House Committee on Un-American Activities. Discredit and eventually dismantle the FBI. 40. Discredit the family as an institution. Encourage promiscuity and easy divorce.
We should check the SS takers also? Or people on govt pension like you? Also, we have the presumption of innocence. Testing people in safety jobs is common sense.
So? They will rise of fall based on job performance. In the Mad Men era I know for a fact lots of high powered execs were all drunk by lunchtime.
Companies set standards and apply them to all employees. We did that in the Army...even the cooks have to take a PT test and shoot their rifle. Where common sense comes in though is if pot is considered a prescription drug, the company should consider the script. If an employee is taking Oxycodine three times a day they will come up hot on a urinalysis too. How do they handle such if job performance decreases but viewed as a necessity to treat the patient? Something to consider. Another thing to consider is maybe these employers know a bit more than we do on how medical pot is used for just about any ailment under the sun. Thinking they know something. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
Most don't look at this from an employers perspective as well. If someone owned a business would they want pot users and drunks working for them? We have to remember people who run businesses have to make payroll. The larger ones use a zero tolerance because it's hard to herd a bunch of cats. They also know somewhere a dealer is working the employee network to find new users. We don't get those nasty details in these articles. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
Yes but did the employee come clean he was using medical pot? Apparently no. In the company I work in if someone self reports they get them help and don't fire them. If you wait until you are caught you are gone.
Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
You watch too many bad Hollywood series on cable.
Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
My pension is from a private mutual fund... it's not paid by taxes. I'm retired LE, I can be convicted of killing 100 libtards and I'd still get my pension mailed to me. I EARNED MINE BY PAYING INTO IT. The people you support don't pay for shit... they just leach, and their catalyst IS YOUR SYMPATHY. I find it utterly amusing that you defend a generational lazy persons welfare check, where they never paid a dime into anything that funds their EBT card... and you attack A WORKER THAT INVESTS IN THEIR PENSION and gets paid from that mutual funds proceeds. That's the mark of a super liberal. You've never fooled me. You are as libtarded as KILLary. Btw... Welfare isn't a constitutional right... you shouldn't have the "presumption of jack shit" to recieve it. You want your handout? GET TESTED. Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Welfare is en ENTITLEMENT. Social Security is WELFARE. So is MEDICARE. It is in the constitution: "promote the general Welfare".
I am not a communist you cretin,and I have no interest in "infiltrating" you despite your homosexual dreams,so quit dreaming. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
We should check the SS takers also? People on SS are not "takers". Or at least the white Americans aren't. They have worked and paid into the system for over 50 years before they start drawing the money out they have paid into their retirement system a month at a time. I realize this does not apply to illegal aliens or minorities who are automatically given SS disability when they ask for it because government workers are afraid of being fired if they refuse to pay them. Or people on govt pension like you? He's not on a pension. He is on a retirement plan he has paid into. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Dish Network ain't the army. Nobody is going to go into their phone center and snatch up talkers to go out to climb ladders to install sat dishes. Most of the people who take and keep those jobs are probably handicapped and can't work regular jobs,so that's why they are there. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
HorseHillary! You have clearly watched to many Nancy Reagan "Just say NO!" advertisements. I have never seen or even heard of a pot dealer that had to go out and troll for new customers. It works the other way. The customers have to go out and find a dealer. AND.......,companies HIRE employees,they don't buy slaves. In a free country employers have no say about what their employees do while not working as long as it doesn't adversely affect the performance or safety while on the job. Getting stoned doesn't have any negative affects. You are high for a short time,and when you get up in the morning to go to work you are 100 percent sober and don't even have a hangover. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
You are full of Obama. The SS Trust Fund DOES fund welfare for people like you who are not white or American and who refuse to work,but the money comes from the Americans who work and pay into it. So is MEDICARE. No,it's not. If you were an American you would know this. It is MEDICAID that is welfare,not Medicare. It is in the constitution: "promote the general Welfare". ROFLMAO! You just learned a bunch of words,and don't understand what any of them mean. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Does that apply to all legal substances or does your employer pick and choose what you can ingest on your own time? There are three kinds of people in the world: those that can add and those that can't
We don't get those nasty details in these articles. If I suspect they have I kick them off my jobsite and let the owners deal with them. In fact just yesterday they had to get the Sheriff involved to find where this one guy was living cause it wasn't where he put on his application. When they found out they went and got back the company van which only had about 1/2 the tools it was supposed to have in it, so the guy won't be getting a termination paycheck if he doesn't find those missing tools. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
Take it easy pete there is a lot he doesn't understand, other than what his handlers tell him.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
No, you are correct Pete, Dish network is not the Army, but it is an organization. Most organizations have standards and policies it wants all its employees to adhere to. As CZ82 pointed out a week or two ago even Apple Inc. and Google, two of the leftist behemoths, have a zero tolerance drug policy. They test their employees. They may support medical pot and recreational pot use politically, but not for their employees. But that is par for the course as libs are inconsistent. I guess Apple Inc. and Google just want their competition high, stoned and drunk. Good for their Bizz. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
Yet standards of employment are set by the employer. When I entered the job market near my military retirement I struck up conversations with some employers and headhunters. I asked them why they asked so many questions about daily routines to applicants. They all stated that one of the biggest problems employers have is a younger work force showing up to work on time and staying in the job location. They said it was good to get military folks to apply because they knew most military had the discipline to show up on time or early for the job. Believe it or not, that was a priority concern for employers. They link late nights doing drugs and drinking alcohol to the reasons people cannot show up on time for work. Not only drug/alcohol testing for all these companies but a thorough credit check and criminal background check. Talk about prying into a person's background. You might say "what does someone's credit have to do with someone who answers phones?" Good question but these companies seem to know indicators. Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
It does. For they know people abuse even legal prescription drugs. The military hit this issue a few years ago and did a lot to clean it up. They kept giving wounded warriors pain meds at one facility then move them to another, and prescribe the same pain meds. So you have this wounded warrior with REAL physical pain with a drawer full of horse pills and some started to self medicate. Some got hooked and learned how to 'shop'. A couple of smart Army pharmacists brought this to the attention of medical authorities and a strict poly pharma program was introduced. Each medical center and military post increased their physical medicine and pain clinics and expanded physical therapy to enhance a more holistic approach to pain management other than just pumping them with prescription drugs. Some of these wounded warriors will have pain for life. Drugs of any kind are not the only and not the long term solution. So yes, my company looks at prescription drug abuse and can know from the initial drug screening and random checks they do. Two Soldiers I knew who would have life long pain to manage found that Tai Chi and yoga helps them. They told me the first step in leaving drug dependency is to stop making excuses and feeling sorry for themselves. There is a lot to be said about the right mental and spiritual mindset. We are not just physical 'beings.' Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation; he is my defence; I shall not be greatly moved. (Psalm 62:1-2)
"At Will" The Corporate Hive can fire anybody for anything. No cause? No problem. Just manufacture "perception" issues and Hasta La Vista Mr./Ms. "Tea Bagger".
"At Will" The Corporate Hive can fire anybody for anything. No cause? No problem. Just manufacture "perception" They can and will do it until they do this to someone who has a close relative that is a good lawyer. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Doubtful. "At will" means exactly what it says. With or without cause. Although those who manufacture "perception" might also be well advised to learn the definition of Defamation - because they might find themselves under oath where pulling opinions and "feelings" out of their arse means less than having substantiated FACTS.
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#2. To: sneakypete (#1)
(Edited)
It's a bullshit ruling.
#3. To: Pericles (#2)
Also, I am against drug tests by employers except for certain cases like drivers or pilots or public safety jobs. Other than that, what people do in their free time - that does not carry over into their work time is their business.
#4. To: sneakypete (#1)
(Edited)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#5. To: cranky (#0)
#6. To: cranky, SOSO, liberator, CZ82, TooConservative (#0)
A silver lining of the decision, Evans said, is that it provides clarity in a "scary, gray area" of state law.
#7. To: sneakypete (#1)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#8. To: Pericles (#2)
Other than that, what people do in their free time - that does not carry over into their work time is their business.
#9. To: Gatlin (#4)
Yes....and do so legally.
#10. To: cranky (#0)
"Today's decision means that until someone in the House or Senate champions the cause, most employees who work in a state with the world's most powerful MMJ laws will have to choose between using MMJ and work," Evans said in a statement.
#11. To: redleghunter (#7)
Yes. There are tests to see if someone abuses alcohol. My company conducts such tests. They have to given the nature of the work. They test for pot too and other drugs. Even their offices in CO.
#12. To: redleghunter (#8)
But that's the problem with alcohol and drug dependency. It DOES leak over to the job place. Either by loss of sleep, hang over and eventual 'lunch time' breaks.
#13. To: sneakypete (#1)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#14. To: sneakypete (#9)
You can sue anybody for anything...
#15. To: redleghunter (#6)
The problem with this article is how the information is presented.
#16. To: Pericles (#2)
Also, I am against drug tests by employers except for certain cases like drivers or pilots or public safety jobs. Other than that, what people do in their free time - that does not carry over into their work time is their business.
#17. To: GrandIsland (#16)
And welfare. God forbid we test the lazy sheep.
#18. To: sneakypete (#1)
(Edited)
#19. To: GrandIsland (#16)
(Edited)
And welfare. God forbid we test the lazy sheep.
#20. To: redleghunter (#8)
But that's the problem with alcohol and drug dependency. It DOES leak over to the job place. Either by loss of sleep, hang over and eventual 'lunch time' breaks.
#21. To: sneakypete (#11)
I can see this with some occupations,but for a guy that answers phones for Dish Network?????? Where is the justification for that?
#22. To: CZ82 (#12)
#23. To: cranky (#15)
#24. To: Pericles (#20)
#25. To: Pericles (#19)
(Edited)
We should check the SS takers also? Or people on govt pension like you?
#26. To: GrandIsland (#25)
#27. To: A K A Stone (#18)
You communists have infiltrated us.
#28. To: Pericles (#19)
And welfare. God forbid we test the lazy sheep.
#29. To: redleghunter (#21)
Companies set standards and apply them to all employees. We did that in the Army...even the cooks have to take a PT test and shoot their rifle.
#30. To: redleghunter (#22)
Most don't look at this from an employers perspective as well. If someone owned a business would they want pot users and drunks working for them? We have to remember people who run businesses have to make payroll. The larger ones use a zero tolerance because it's hard to herd a bunch of cats. They also know somewhere a dealer is working the employee network to find new users.
#31. To: Pericles (#26)
Welfare is en ENTITLEMENT. Social Security is WELFARE.
#32. To: redleghunter (#23)
In the company I work in if someone self reports they get them help and don't fire them.
#33. To: redleghunter (#22)
Most don't look at this from an employers perspective as well. If someone owned a business would they want pot users and drunks working for them? We have to remember people who run businesses have to make payroll. The larger ones use a zero tolerance because it's hard to herd a bunch of cats. They also know somewhere a dealer is working the employee network to find new users.
#34. To: sneakypete (#31)
#35. To: sneakypete, CZ82 (#29)
Dish Network ain't the army. Nobody is going to go into their phone center and snatch up talkers to go out to climb ladders to install sat dishes. Most of the people who take and keep those jobs are probably handicapped and can't work regular jobs,so that's why they are there.
#36. To: sneakypete, CZ82, tomder55 (#30)
In a free country employers have no say about what their employees do while not working as long as it doesn't adversely affect the performance or safety while on the job.
#37. To: cranky, CZ82, tomder55, sneakypete, liberator (#32)
Does that apply to all legal substances or does your employer pick and choose what you can ingest on your own time?
#38. To: sneakypete (#1)
(Edited)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#39. To: VxH (#38)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#40. To: sneakypete (#39)
(Edited)
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