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Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. This case highlights the importance of having a written policy requiring “safety-sensitive” employees to…
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman worked in a safety-sensitive position and tested positive for phenobarbital, which is a barbiturate. Roman claimed…
Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current…
The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit against an employer who purportedly…
With the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing. Chances are your business does or will employ one of them. This article will answer the five most pressing…
The University of Southern California recently terminated Steve Sarkisian, their head football coach. The firing came after a cavalcade of headlines that Sarkisian was increasingly showing up at practices, team functions, and even games allegedly under the influence…
With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. Employers with employees who use medical marijuana will have to do some studying into the employee’s job…
Reasonable suspicion alcohol testing of a safety-sensitive employee who was injured in a bar fight and who took medical leave for “acute alcoholic pancreatitis” was upheld by a federal court in Indiana, even though the testing did not take place until the…
Supervisors should undergo reasonable suspicion training to enforce drug-free workplace policies and ensure worker safety, speakers said during the 2015 California Workers’ Compensation & Risk Conference in Dana Point, California. Employers’ written…