Skip to comments.Legal or not, you could get fired for smoking pot (Colorado)
Posted on 12/31/2013 11:03:49 AM PST by Responsibility2nd
DENVER - While marijuana may be legally purchased, legally possessed and legally smoked as of January 1, under Colorado law, it can also get you legally fired.
There is already a precedent for this in the state courts.
In 2010 a Colorado man was fired by his employer, Dish Network, for using medical marijuana off-duty. The Colorado Court of Appeals upheld the firing which is now being heard by the Colorado Supreme Court.
Amendment 64 gives employers the same discretion, allowing them to prohibit marijuana use both on and off the job.
Marijuana proponents believe it's a double-standard.
"No business would ever fire an employee simply because they had a couple beers over the weekend or a cocktail after work," said marijuana advocate Mason Tvert. "So there's really no logical reason why an employee should be fired just for using marijuana over the weekend -- which is a far less harmful substance."
But Amendment 64 makes it clear that the law will not, "...affect the ability of employers to institute policies restricting the use of marijuana by employees."
"It's currently still illegal under federal law to use marijuana and until that changes, they're going to have that right," said Tvert.
And that applies to getting high at work, or at home.
Random drug tests can't determine exactly when pot was ingested, and because marijuana can remain in the human body for 30 days or longer, most employers don't care when it was consumed, they just want to know if it was consumed at all.
Consuming at home while off-duty provides no protections.
"I do think that will soon change," said Tvert. "I think private businesses are already becoming less and less interested in drug testing for marijuana. They don't want to fire qualified employees, and have to recruit, and rehire and retrain."
The Mountain States Employers Council said employers currently "hold all the cards." Experts say there should be no confusion: you could lose your job for consuming marijuana even though it will soon be legal in Colorado.
You can be fired for being an alcoholic too
Until Obamacare makes them a protected class with a ‘disability’ or something...
I second that. Anyone can now claim discrimination and immunize themselves from ever being fired. The teachers started this racket
I know of someone who went to work the day after a big ball game and got fired for having alcohol in her system. They escorted her to a clinic for bloodwork which was lower than .08. They were using the rules they used for their drivers via the DOT. She knew they had targeted her (she was up for a position that someone “connected” wanted). The company lost with UI so she had some nice time off. Ended up with a better job elsewhere too. And, the company who let her go ended up losing contracts left and right.
Now CA has been invaded with "Brown Rot" and CO is being taken over with the degradation of "Dopes!!!"
It's hideous and does not speak well of the formerly prosperous personally responsible citizens that used to populate both states but are now being either crowed out or over-ridden by dopers, pre-verts and Lie-berals in general!!!
I probably should have included WA, OR, NV and now even UT and NM in this list, but the list is growing at an alarming rate!!!
Banks with a federal relationship may not want to risk their federal charter by knowingly breaking federal law.
Owners of commercial buildings may have similar concerns.
Of course you can legally fire a dope smoker. Tobacco smokers already face this if the employer prohibits it (even offsite).
Any kind of accident opens companies up for lawsuits and/or fines...especially from OSHA. Since it's not possible to tell WHEN potheads last smoked pot any accidents caused by potheads must be assumed to involve impairment because of pot smoking.
If a companies defense is "well, I didn't KNOW he was high" it doesn't matter. They allowed a stoned employee to work. They'll be sued by people hurt by their product or service and lose in heartbeat. They'll be fined out of existence by OSHA if it's a workplace accident. It's much easier and cheaper to just not hire or to fire them if they ever have pot in the their system.
Yes, but alcoholics are typically fired for being drunk on the job or not showing up. Things that actually involve the job they're doing.
They dont get fired based entirely on the contents of their pee that shows they had a drink last weekend.
You can be fired if your company has a no smoking policy which includes off premises use of tobacco. The casual dope smoker will be under the type of policies.
Anyone ever notice that it’s the EXACT same people telling you how bad smoking cigarettes is for you, that are pushing Marijuana legalization?
“Any kind of accident opens companies up for lawsuits and/or fines...especially from OSHA.”
The airlines are just terrified by this.
I think the left will ultimately have the entire population on mind-altering meds. Government as the pusher-man so they can have absolute control. A brave new world, indeed.
I know what you mean. I always loved CO, with its history and heritage. The whole rugged, westerny culture it used to epitomize. Heck, it’s even the home of Red Ryder! Seeing it taken over by gun-grabbers and dopehead filth is a admittedly a real kick in the gut. To go from that rugged, westerny culture to a bunch of doped-up pajama-boy wastrels... ugh. Sick and depressing.
This is the fallacy of the ages, that just because something is “legal” it becomes virtuous, or at least, morally neutral.
Look what the sodomites did with it?
Profound comments by both of you!!!
quote “No business would ever fire an employee simply because they had a couple beers over the weekend or a cocktail after work”
wrong, a Baptist related business would.
Any student or faculty of Baylor University caught drinking off campus is subject to expulsion and/or termination for instance.
You get popped in my line of work your ass will be gone in an instant.
Not only from the employer but from anybody working next to you.
Let’s say you run a company. Obviously there are going to be good workers and bad workers. It is very hard to just fire someone for being a “bad” worker. Now lets say that, coincidentally, most good workers don’t smoke pot, and most bad workers do smoke pot. It is a no-brainer.
Why do Baptists object so strongly to pre-marital sex?
They’re afraid it might lead to drinking and dancing.
Most states are employment “at will” states. Which means you can be fired for any reason or no reason at all so long as it is not an illegal reason. Despite the hysteria over protected classes it is still easy to fire someone especially if they white, male, under 40, Christian, and not disabled.
So I can fire you for alcohol comsumption or for drinking coffee.
Employers are free to restrict many things that are legal and can do many things that people consider “unconstitutional”. If you do not like it you are of course free to quit.
It’s a little different than that.
“Why don’t Baptist have sex standing up?
They are afraid of being accused of dancing.”
I have. And I’ve warned all the pro-legal pot folks that once it becomes legal it will soon become evil like tobacco to the left and thus heavily taxed and regulated.
But they are usually too stoned to comprehend that.
“Most states are employment at will states.”
Gee, I thought it was the AFL-CIO................
Any employee covered by the DOT (fed dept of transportation), drivers, ship captains, train engineers, misc. transportation workers are subject to drug testing.
Many gov’t agencies and many high profile employers have drug testing programs.
Most (not all) decent jobs have drug testing requirements.
I personally don’t believe it’s anyone’s business what I do in my off hours as long as I’m not infringing upon anyone’s natural rights.
I also believe any private entity has the right to make their own rules of employment.
Nose under the tent.
In Wisconsin, we are an at-will state. If you are let go without cause, you will probably be able to collect UI. That will drive up their rates. The employer may be able to let you go, but if there is no pattern of misbehavior then the company will lose. I know it is not perfect, but it does discourage some terminations. My friend was able to collect because there was no record of any issues with her.
Find another job. If you want “just cause” then negotiate it when you interview for the job. I assume you will not quit unless it is for a just cause?
Great role model you picked, the worker’s paradise of Western Europe? Perhaps you would like it there better than here. So your interest, as a working stiff, as opposed to all the working not stiffs or is the non working stiffs, needs protecting? I am sure there is a party for stiffs that could use your vote.
We’ll said, damn we’ll said!
You say you grew up in northern IL. Do you still live there? If so, please tell us - is the stink of marijuana wafting from CO to you? CO used to be know for its fresh air - now they have the “aroma” of incense!
“Great role model you picked, the workers paradise of Western Europe?”