[SampleMan]

I was assuming they were not being fired for using the drug in question, but so the employer could save money and screw the employee out of retirement, so it was not apples and oranges.

Legally, it doesn't matter why one party wants to uphold the contract. If the employee doesn't want to get fired for smoking pot, they have clear options. Don't smoke pot, or don't work for an employer that prohibits it.

[microgood]

Legally, it doesn't matter why one party wants to uphold the contract. If the employee doesn't want to get fired for smoking pot, they have clear options. Don't smoke pot, or don't work for an employer that prohibits it.

I agree with that, I was just making the point that neither side can break the contract, the employee cannot use the drug, and the employer cannot fire the employee to screw him out of his retirement when the employee has fulfilled his end of the bargain. Employers can violate contracts as easily as employees.