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Landmark off-duty pot smoking case set to go to court
Fox31, Denver ^ | December 10, 2012 | Will C. Holden

Posted on 12/10/2012 2:41:24 PM PST by Road Glide

DENVER — A Dish Network telephone operator who was fired when he failed a drug test is suing his former employer, saying they infringed on his right to use medical marijuana away from the office.

There was no evidence that Brandon Coats, a paralyzed medical marijuana user, was impaired while he was on the clock. And that’s why he said his legal usage of medical marijuana should not have cost him his job in May of 2010.

Coats’ case is pending in the Colorado Court of Appeals. If he loses the case, it could mean 175,000 individuals using medical marijuana in Colorado are in jeopardy of losing their jobs.

If he wins, it could mean big things for pot users.

A win for Coats could also mean tough luck for employers clinging to drug policies that are still seeking to prohibit their employees from using marijuana entirely in the wake of Amendment 64′s passage.

(Excerpt) Read more at kdvr.com ...


TOPICS: News/Current Events; US: Colorado
KEYWORDS: marijuana; pot
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To: Road Glide

Most companies that do drug testing have a disclosure rule that an employee must disclose that he is taking a prescription medication that could interfere with the either the drug test or his job performance, or both. The company then has the option to move the person to another position or put them on disability.

If the employee fails to disclose the medication, the employee may be/will be fired.


21 posted on 12/10/2012 3:51:11 PM PST by Eva
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To: shotgun
I prefer pizza and a Merlot, while watching FoxNews babes! Of course, all I smoke these days are Acid...












































....Cigars!


22 posted on 12/10/2012 3:52:31 PM PST by WVKayaker ("Hang in there, America. Fight for what is right." - Sarah Palin 11/7/12)
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To: Gator113

think they are expendable = inexpendable


23 posted on 12/10/2012 3:53:22 PM PST by Gator113 (**WHO in the hell gave the damn order to NOT rescue our men in Benghazi?**)
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To: GeronL
"cities and businesses already are allowed to not hire smokers, the same should apply here"

LOL

Obviously, you don't understand that the Left ONLY wants enforcement to ban things they disapprove of (smoking), yet SCREAMS for "Freedom" for sex deviates, druggies, etc.

That's Amerika today, where moral principles, trampling individual Rights of others who don't go along with their desires, and wealth-redistribution are key components of their Agenda.

24 posted on 12/10/2012 4:00:49 PM PST by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: dragnet2

“Are you suggesting the paraplegic cubicle worker was smoking on the job while in his cubicle? If not, how would this test work?”

It tests if the person is impaired NOW. It won’t tell you what they did two weeks ago, but personally I never cared what they did two weeks ago as long as I ain’t paying for it.

One of the people we caught using Quick Eye admitted he was taking some kind of behavior drug that was actually for his uncle. Apparently the the uncle didn’t like it, but this guy figured out that if he took a whole bunch of it, he liked it just fine. As I was paying for his time - I didn’t like it worth beans! And I really doubt it would have shown up in urine test.


25 posted on 12/10/2012 4:10:39 PM PST by I cannot think of a name
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To: GeronL

Colorado has a statute prohibiting employers from firing employees for engaging in legal off-duty activities. It was originally intended to prohibit employers from firing smokers.


26 posted on 12/10/2012 4:17:15 PM PST by colorado tanker
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To: colorado tanker

My company has locations in Colorado. We have employees driving large box trucks all over the state. If one of our drivers smokes pot and gets into an accident, you think “it’s legal” will protect me from getting sued? HA!


27 posted on 12/10/2012 4:25:33 PM PST by pie_eater
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To: Gator113

I employ 113 people and could not care less what the hell they do on their off time. I’ve managed to be very, very successful without depriving any of my employees their right to privacy!


28 posted on 12/10/2012 4:57:39 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: Gator113

I employ 113 people and could not care less what the hell they do on their off time. I’ve managed to be very, very successful without depriving any of my employees their right to privacy!


29 posted on 12/10/2012 4:57:48 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: TexasFreeper2009

The guy in question is not flying planes. That comparision is absurd.


30 posted on 12/10/2012 4:59:57 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: Fido969

I OWN the company asshole and provide 113 other people their paychecks.


31 posted on 12/10/2012 5:02:22 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: Fido969

I OWN the company asshole and provide 113 other people their paychecks.


32 posted on 12/10/2012 5:02:34 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: Fido969

I OWN the company asshole and provide 113 other people their paychecks.


33 posted on 12/10/2012 5:02:34 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: Fido969

I OWN the company asshole and provide 113 other people their paychecks.


34 posted on 12/10/2012 5:02:51 PM PST by pgkdan (We are witnessing the modern sack of Rome. The barbarians have taken over.)
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To: pgkdan

I highly doubt you employ anyone. Please tell us the name, address, and verifying info if you’re going to make such a claim.

Or else just be quiet.


35 posted on 12/10/2012 5:03:57 PM PST by Monty22002
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To: pgkdan

You do “own the company assh*le” I see.


36 posted on 12/10/2012 5:09:41 PM PST by Fido969
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To: GeronL

“cities and businesses already are allowed to not hire smokers, the same should apply here”

Agreed. They should be allowed to not hire people who drink alcohol, too. Or eat too many foods loaded with salt or fat.


37 posted on 12/10/2012 5:18:21 PM PST by APatientMan (Pick a side)
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To: pgkdan
your the one who said it shouldn't be an employers business what someone does in their off time.

And I gave an example that proved that you are wrong that has been in place for decades.

As an employer I have the right to hire or fire who I choose for whatever reason I choose. I don't want employees working for me who do drugs. I don't care if they do them at home or at work. Someone who is addicted to drugs is not trustworthy and has a proven weakness and deficit of character that I choose not to associate with and certainly will not employ such a person.

I also have no interest in hiring anyone with tattoos for similar reasons.

Lets face is millions of people are out of work and looking for a job, and I can afford to be picky.

38 posted on 12/10/2012 5:27:38 PM PST by TexasFreeper2009 (Obama lied .. the economy died.)
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To: pgkdan

I agree with you completely!


39 posted on 12/10/2012 5:27:53 PM PST by autumnraine (America how long will you be so deaf and dumb to the tumbril wheels carrying you to the guillotine?)
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To: traditional1
That's where we can throw the anti-smoking laws in do-gooder's faces. Can't smoke tobacco in public parks, in city-owned housing, in attached apartment buildings, and of COURSE not in a private club.

Where are the dope smokers supposed to go?

We keep hearing about how pot never killed anyone. Well, I never heard that smoking a cigarette in Central Park did either, but it's banned.

Can't wait to see the do-gooders pitted against tobacco, but in FAVOR of marijuana.

40 posted on 12/10/2012 5:34:10 PM PST by boop ("I need another Cutty Sark"-LBJ)
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