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Employment Law

7/1/2010
Taylor B. Downs
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Michigan Wal-Mart worker using medical marijuana sues over firing

Although medicinal marijuana remains illegal in West Virginia, this can easily be paralleled to a disability discrimination lawsuit where an individual is fired for taking prescription pain medications.  It will be interesting to see how this case plays out in Michigan and how many companies follow in Wal-Mart's footsteps.   

A Michigan man who was fired from Wal-Mart when he failed a drug test due to his use of medicinal marijuana has filed a lawsuit against his former employer. Joseph Casias claims in his lawsuit that in November 2009 he twisted his knee while at work. Under Wal-Mart policy, employees who are injured at work must take a drug test. The lawsuit claims that Casias showed his bosses the paperwork from the state allowing him to use medicinal marijuana to alleviate pain from a brain tumor, but he was fired regardless after failing the drug test. The lawsuit seeks unspecified damages.  Gina Damron, Detroit Free Press  06/29/2010

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