Litigation Scenario You are the chairman and CEO of a national company based in Colorado. Your company has a zero-tolerance, drug-free workplace policy, meaning an employee who fails a drug test can be fired. Your senior corporate counsel calls and asks to see you right away, saying it’s urgent. being sued by an employee we fired as “We’re recently,” she says she enters your office. what you ask. “On grounds?” drug test we gave him came back positive for marijuana and we “A fired she us at the time we tested him he him,” replies. “He told would probably fail the test. He says he uses the drug daily for medical reasons but not at work.” know Colorado legalized marijuana, but that law specifies “Look, I employers do not have to accommodate marijuana use. employees’ He has no you say. case,” think so either, but he alleges another Colorado law protects “I didn’t employees from being fired for engaging in off-the-clock activities that are she replies. legal,” marijuana is illegal under federal law, which will trump the state “But law, you ask. right?” but the courts will have to sort that out. Meanwhile, we “Maybe, have a lawsuit to respond to, and The we’d better prevail. implications of not being able to ensure our employees are sober are she replies. grim,” it going to cost you ask. “What’s us?” in the neighborhood of $100,000 if we win. Quite a bit “Somewhere more if we lose and take appeals to higher she answers. courts,” this at all, but thanks for bringing it to my attention. Keep “I don’t like you conclude reluctantly. me posted,”
Litigation Scenario You are the chairman and CEO of a national company based in Colorado. Your company has a zero-tolerance, drug-free workplace policy, meaning an employee who fails a drug test can be fired. Your senior corporate counsel calls and asks to see you right away, saying it’s urgent. “We’re being sued by an employee we fired recently,” she says as she enters your office. “On what grounds?” you ask. “A drug test we gave him came back positive for marijuana and we fired him,” she replies. “He told us at the time we tested him he would probably fail the test. He says he uses the drug daily for medical reasons but not at work.” “Look, I know Colorado legalized marijuana, but that law specifies employers do not have to accommodate employees’ marijuana use. He has no case,” you say. “I didn’t think so either, but he alleges another Colorado law protects employees from being fired for engaging in off-the-clock activities that are legal,” she replies. “But marijuana is illegal under federal law, which will trump the state law, right?” you ask. “Maybe, but the courts will have to sort that out. Meanwhile, we have a lawsuit to respond to, and we’d better prevail. The implications of not being able to ensure our employees are sober are grim,” she replies. “What’s it going to cost us?” you ask. “Somewhere in the neighborhood of $100,000 if we win. Quite a bit more if we lose and take appeals to higher courts,” she answers. “I don’t like this at all, but thanks for bringing it to my attention. Keep me posted,” you conclude reluctantly.