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Post Info TOPIC: Employers can still fire Colorado pot smokers for legal use


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As recreational cannabis sales begin Jan. 1, one fact is sometimes overlooked: Employers still can fire workers for using it on- or off-duty.

State law gives employers full authority to impose any drug prohibitions they wish, despite it being legal in Colorado for adults to possess and consume marijuana.

"Employers hold all the cards," said Curtis Graves, a staff attorney for the Mountain States Employers Council.

So you smoke only off-duty? Not good enough. Consuming just at home provides no protection if your workplace drug test comes back positive for marijuana.

Many employees may be enjoying a false sense of security stemming from passage last year of Amendment 64, which legalized marijuana possession for adults in Colorado.

"Right now there is a great deal of confusion," said attorney Danielle Urban of labor-law firm Fisher & Phillips in Denver. "People are surprised to learn that they can lose their jobs."

Amid the euphoria of approving legal pot, some cannabis enthusiasts may have overlooked a key piece of fine print in Amendment 64.


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Nothing in the law will "affect the ability of employers to have policies restricting the use of marijuana by employees," the amendment states.

That includes getting high at work or even after hours, according to legal experts and judicial rulings.

Tests can't determine exactly when pot was ingested. Marijuana metabolites can remain in the human body for weeks, so employers don't know whether a positive test resulted from on- or off-duty use. Nor do they care, if they have a strict no-drug policy.

Mason Tvert, who co-directed the Amendment 64 campaign, said a double standard exists because employers would almost never sanction a worker for off-duty alcohol use, unless it was affecting job performance. Yet with cannabis consumption, penalties can result even if employees use it legally off-duty and are not impaired at work.

"It's really irrational to punish employees for engaging in lawful activities outside of the workplace," Tvert said.

Despite legalization of recreational use in Colorado, it is still a taboo subject for employers. Several Denver-area businesses declined to comment about their marijuana policies.

A couple of companies, though, say their position won't change, at least initially.

"We have discussed the new law and how it's going to impact our business with recruitment and overall operations for quite some time," said Jeremy Ostermiller, CEO of Denver-based Altitude Digital. "There is still uncertainty how the federal government will respond to the states' new legal-marijuana laws. We don't have rules concerning off-hours marijuana use. At this time, we are not changing our drug-testing policy, but we embrace and fully support the new Colorado law."

Altitude Digital, which employs 50, does not test its workers for drugs.

Ostermiller said he worked with pot-friendly artists such as Snoop Lion and Cypress Hill prior to starting his online video marketing business.

"Many believe their marijuana use has fostered creativity, an important and valuable asset to any business," Ostermiller said. "While there is a lot of misinformation about marijuana use, especially how it affects the body, Altitude Digital encourages creativity by cultivating a fun and collaborative company culture."

Denver-based Spire Media, a Web designing and consulting firm, also doesn't test its employees for marijuana.

"I'm not going to fire somebody if they smoke pot, but I don't want them doing it in the office," said Spire CEO Mike Gellman.

His position won't change after the new law goes into effect, he says.

"I know personally I wouldn't be able to do my job if I smoked pot," Gellman said. "But I know some people can program and do better programming while smoking pot, and that's fair."

Graves, of the Mountain States Employers Council, said employers in high-turnover service industries such as retail, hotel, restaurant and casino may be less inclined to use routine drug screenings because they already are challenged with maintaining staffing levels.

In addition to Amendment 64's clear language that gives employers full discretion in setting marijuana policies, a Colorado court case this year affirmed an employer's right to prohibit medical marijuana use, even off-duty for employees with registered medical status.

Dish customer-service employee Brandon Coats, a quadriplegic, sued Dish after the satellite-TV company fired him for testing positive for marijuana in a random drug test.

Coats acknowledged that he used legal medical marijuana off-duty to help control muscle spasms but said he was never under the influence at work. Nonetheless, Dish fired him after the positive test.

In a precedent-setting decision, the Colorado Court of Appeals upheld the firing. The court said that since marijuana is illegal under federal law, employers can sanction their workers and are not bound by Colorado's Lawful Off-Duty Activities Statute, which otherwise prevents employers from interfering in employees' nonwork activities.

Coats' attorney, Michael Evans, has appealed the ruling to the Colorado Supreme Court.

"Unless you've got a guy who is obviously impaired," Evans said, "you should hold off on terminating him."

http://www.denverpost.com/marijuana/ci_24799683/employers-can-still-fire-pot-smokers-legal-use

 



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There have been plenty of studies showing that consuming alcohol slows people's reaction times, and clouds their judgement, and the more alcohol the worse the effects.

What have MJ studies shown? Does smoking pot affect people's performance? Would you be okay with an airline pilot smoking pot an hour before your flight? 8 hours?



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I side with the employers on this. When I worked at Target, we had heavy machinery, forklifts and such in the backroom. I wouldn't want an employee who smoked at home coming to work stoned and driving them around. That could result in serious damage and even death if they ran into the fixtures and the fixtures fell or large items fell.

This is no different than drinking alcohol and going to work. Sure, alcohol is legal to drink but you can't  come to work under the influence. It's exactly the same. What is the confusion?



-- Edited by Mellow Momma on Friday 2nd of January 2015 01:07:14 PM

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No different than showing up to work drunk.

I don't know about office jobs, but anything involving labor where someone could get hurt? Yeah. I agree 100%.



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The difference is I have not heard of people getting fired on Monday for drinking Friday night.

Since employers can fire someone for smoking tobacoo it is not a surprise they can fire someone smoking weed.

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cadiver wrote:

The difference is I have not heard of people getting fired on Monday for drinking Friday night.

Since employers can fire someone for smoking tobacoo it is not a surprise they can fire someone smoking weed.


If they were driving drunk, they have been--even if their job does not involve driving.   



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You can get fired for what you post on Facebook, even if you are a stellar employee. You can get fired for NO reason in most states. So this is no different.

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lilyofcourse wrote:

No different than showing up to work drunk.

I don't know about office jobs, but anything involving labor where someone could get hurt? Yeah. I agree 100%.


 Well, actually it IS different.  With alcohol you know if someone is acutely intoxicated, under the influence who has previously used.  There are quantifiable blood alcohol and breathlyzers.  With pot, someone can smoke it Friday night and it is still being metabolized and detectable in their system, even though they are not under the influence of it.  So, not at all the same thing.  And, I think it opens a whole slippery slope.  But, kind of bummer for those pot users who wish to stay employed.  But, like anything, the bums of society will now have carte blanche to use it and normal, responsible people will not because they are probably going to want to keep their jobs.   I mean, I dont' care either way.  I have never tried an illegal drug in my entire life.  I have never tried pot nor do I care too.  But, it seems that now it's out there and law abiding, working people can't use it but if you are on welfare, puff away!  Lol. 



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Mellow Momma wrote:

You can get fired for what you post on Facebook, even if you are a stellar employee. You can get fired for NO reason in most states. So this is no different.


Yes, most employment is "At Will".  And, they can fire you for anything.  They can fire you because they dont' like the outfit you are wearing or whatever.  And, of course they can fire you for all the reasons they supposedly aren't allowed to fire you for, but they can just give a different reason. 



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Well, if you can get fired from your job from using a legal substance, then we need to start testing welfare recipients too. And, "fire" them from the Govt Dole if they are going to use it. Seems fair.

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Lady Gaga Snerd wrote:

Well, if you can get fired from your job from using a legal substance, then we need to start testing welfare recipients too. And, "fire" them from the Govt Dole if they are going to use it. Seems fair.


I think we should.

 

People say it would cost more than it would save.  Well, so what?  The government spends money on dumber crap.   



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Or, you could pass the cost of testing on to the recipient. If they want welfare, they'll come up with the money. After, say, three clean tests--then we could reimburse them and give them a 5 year pass until the next one.

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They talked about doing that where I live, but the consensus was that it would hurt the kids who depend on their parents getting welfare.

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1. I've never once smoked pot.

2. Every single person I know who does smoke pot is over the age of 45 and employed.

3. I can fire you if I don't like your hair.

4. I'll support drug testing welfare recipients the minute we drug test politicians...they too are on the public dole and it's up for debate who does more work...

5. Why don't we drug test politicians?

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voiceofreason wrote:

1. I've never once smoked pot.

2. Every single person I know who does smoke pot is over the age of 45 and employed.

3. I can fire you if I don't like your hair.

4. I'll support drug testing welfare recipients the minute we drug test politicians...they too are on the public dole and it's up for debate who does more work...

5. Why don't we drug test politicians?


I wouldn't necessarily be against that--but it's not the same thing.

 

We might not like the job they are doing--but they are hired to do a job.  That's vastly different then getting a hand out for nothing. 

 

We elected them--we can un-elect them if we don't think they are doing a good job, doing anything, or are on drugs. 

We don't get that option with welfare recipients.   



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NAOW wrote:

They talked about doing that where I live, but the consensus was that it would hurt the kids who depend on their parents getting welfare.


But I think that's a crock. 

 

What do we do if we find out parents are on drugs?  Usually, CPS is involved and the family can get some help to get the parent or parents off of drugs.  That would do WAY more good in the long run than simply letting the parents continue their drug use. 



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Oh I agree. That was just their reasoning for not doing it.

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They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.

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voiceofreason wrote:

1. I've never once smoked pot.

2. Every single person I know who does smoke pot is over the age of 45 and employed.

3. I can fire you if I don't like your hair.

4. I'll support drug testing welfare recipients the minute we drug test politicians...they too are on the public dole and it's up for debate who does more work...

5. Why don't we drug test politicians?


 I agree with this too.



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Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   



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huskerbb wrote:
Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   


 Yep, such as no warning on drug testing perhaps?

 



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I know what to do_sometimes wrote:
huskerbb wrote:
Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   


 Yep, such as no warning on drug testing perhaps?

 


Random testing.  Call them on their Obamaphones and say show up tomorrow at 9 a.m.--or lose your benefits, anyway. 

 

It's not like they have a job to go to.   



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huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   


 Yep, such as no warning on drug testing perhaps?

 


Random testing.  Call them on their Obamaphones and say show up tomorrow at 9 a.m.--or lose your benefits, anyway. 

 

It's not like they have a job to go to.   


 

Still enough time to find a way to purchase some clean urine. It's logistically difficult to have a truly "no notice" test. Also there's no guarantee they are using an "obamaphone".



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wild_blue wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   


 Yep, such as no warning on drug testing perhaps?

 


Random testing.  Call them on their Obamaphones and say show up tomorrow at 9 a.m.--or lose your benefits, anyway. 

 

It's not like they have a job to go to.   


 

Still enough time to find a way to purchase some clean urine. It's logistically difficult to have a truly "no notice" test. Also there's no guarantee they are using an "obamaphone".


That's why, like truckers, you make them pee in front of you while you watch. If they can do that for truckers who have, you know, JOBS, they can do it for people who don't.  If they actually go to the trouble of using a catheter and putting the pee inside their bladder, then whatever.

 

You could also do a hair follicle test which would not be dependent on timing.

 

Also, you can call them on whatever phone they have--it doesn't have to be an Obamaphone.   



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huskerbb wrote:
wild_blue wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Mellow Momma wrote:

They drug tested for welfare in Florida for awhile. They caught next to no one. It was like 2% or something small like that. The fact is, people will be sober/clean just long enough to pass the test. Welfare recipients are not stupid. They know exactly how to work the system.


Well, 2% is 2%. 

 

Beyond that, maybe the procedures need refinement.   


 Yep, such as no warning on drug testing perhaps?

 


Random testing.  Call them on their Obamaphones and say show up tomorrow at 9 a.m.--or lose your benefits, anyway. 

 

It's not like they have a job to go to.   


 

Still enough time to find a way to purchase some clean urine. It's logistically difficult to have a truly "no notice" test. Also there's no guarantee they are using an "obamaphone".


That's why, like truckers, you make them pee in front of you while you watch. If they can do that for truckers who have, you know, JOBS, they can do it for people who don't.  If they actually go to the trouble of using a catheter and putting the pee inside their bladder, then whatever.

 

You could also do a hair follicle test which would not be dependent on timing.

 

Also, you can call them on whatever phone they have--it doesn't have to be an Obamaphone.   


 

Being observed while you pee really isn't the norm-my current job requires it, but none of the five previous ones I held did. There's also the mouth swab. I'm not sure why that one isn't more popular, it's very quick and easy.



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I would not have someone who regularly smoked pot working for me, legal or not.

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And, you can smell it on people. It has sort of a sickening sweet smell.

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