The Case: Casias v. Wal-Mart Stores, Inc. With the advent of legalized marijuana usage comes inevitable lawsuits, especially in terms of how employers interpret the law and their own private workplace policies. That was exactly the situation for Joseph Casias, a five-year employee of a Michigan Wal-Mart store, who was wrongfully terminated for failing an injury-related mandated drug test. There were several factors: Joseph was prescribed medical marijuana for the treatment of pain associated with sinus cancer and an inoperable brain tumor. He used the drug to deal with his constant pain, but regardless was able to work a full time job at Wal-Mart. Casias maintained that he did not use the drug while at work or prior to a shift. In November of 2009, Joseph was injured on the job and he was taken by his manager to the local emergency room for treatment. In accordance to Wal-Mart’s employment policy, the hospital administered a drug test and it came back positive for
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Wal-Mart Stores, Inc., 2012). However, a caveat not well known is the MMMA does not extend to employer’s policies on private employment relationships. The act (2008) specifically provides that it cannot be construed to require employers to accommodate the medical use of marijuana in any workplace. Consequently, Joseph was not protected from being terminated by Wal-Mart; the court found in favor of the employer and the wrongful termination suit was
Wal-Mart Stores, Inc., 2012). However, a caveat not well known is the MMMA does not extend to employer’s policies on private employment relationships. The act (2008) specifically provides that it cannot be construed to require employers to accommodate the medical use of marijuana in any workplace. Consequently, Joseph was not protected from being terminated by Wal-Mart; the court found in favor of the employer and the wrongful termination suit was