Author Topic: Medical Marijuana User Sues After Being Fired  (Read 868 times)

Dos Equis

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Medical Marijuana User Sues After Being Fired
« on: March 15, 2010, 01:10:55 PM »
Hmmmm.

Medical Marijuana User Sues After Being Fired
Monday, March 15, 2010 

GREAT FALLS, Mont. —  A Great Falls man who says he was wrongly fired from his job for using medical marijuana has filed a $500,000 lawsuit against his former employer.

Mike Babbitt in a complaint filed earlier this month against Loaf-n-Jug says he was discriminated against, lost wages and suffered other monetary damages.

The company declined to comment.

Babbitt says he is HIV-positive and is qualified to received medical marijuana.

He says he told the company he received a medical marijuana card and the company told him it wasn't a problem.

But Babbitt says he was fired in November after a drug test from the previous month showed the presence of marijuana.

Babbitt's attorney says marijuana use falls under the company's definition of legal medication.

http://www.foxnews.com/story/0,2933,589279,00.html?test=latestnews

OzmO

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Re: Medical Marijuana User Sues After Being Fired
« Reply #1 on: March 15, 2010, 01:55:38 PM »
Hmmmm.

Medical Marijuana User Sues After Being Fired
Monday, March 15, 2010 

GREAT FALLS, Mont. —  A Great Falls man who says he was wrongly fired from his job for using medical marijuana has filed a $500,000 lawsuit against his former employer.

Mike Babbitt in a complaint filed earlier this month against Loaf-n-Jug says he was discriminated against, lost wages and suffered other monetary damages.

The company declined to comment.

Babbitt says he is HIV-positive and is qualified to received medical marijuana.

He says he told the company he received a medical marijuana card and the company told him it wasn't a problem.

But Babbitt says he was fired in November after a drug test from the previous month showed the presence of marijuana.

Babbitt's attorney says marijuana use falls under the company's definition of legal medication.

http://www.foxnews.com/story/0,2933,589279,00.html?test=latestnews


Yeah, we will see this more and more as eventually MJ will have similar laws to booze.  .

Skip8282

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Re: Medical Marijuana User Sues After Being Fired
« Reply #2 on: March 15, 2010, 05:24:11 PM »
Yeah, we will see this more and more as eventually MJ will have similar laws to booze.  .


I agree.  It will be interesting to see how they resolve the federal/state issues.

Hugo Chavez

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Re: Medical Marijuana User Sues After Being Fired
« Reply #3 on: March 15, 2010, 05:30:27 PM »
Wait, did I read that right?  He told the company before hand and they said ok and then fired him for it?  Gee, I would like to see how this is going to become more of an issue?  Is it normal for an employer to say ok then fire you for what they said was ok?  Or were you guys shooting for this to be a bigger issue than that?

Skip8282

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Re: Medical Marijuana User Sues After Being Fired
« Reply #4 on: March 15, 2010, 05:33:33 PM »
Wait, did I read that right?  He told the company before hand and they said ok and then fired him for it?  Gee, I would like to see how this is going to become more of an issue?  Is it normal for an employer to say ok then fire you for what they said was ok?  Or were you guys shooting for this to be a bigger issue than that?



Yeah, I was basically thinking the bigger issue as these types of suits become more prevalent.  Maybe they won't, but I think as States/cities, etc continue to decriminalize pot, it will increasingly clash with federal policy.  Maybe not, just my opinion.

Hugo Chavez

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Re: Medical Marijuana User Sues After Being Fired
« Reply #5 on: March 15, 2010, 06:01:14 PM »


Yeah, I was basically thinking the bigger issue as these types of suits become more prevalent.  Maybe they won't, but I think as States/cities, etc continue to decriminalize pot, it will increasingly clash with federal policy.  Maybe not, just my opinion.
I understand where you would speculate on that.  I think we've all been wondering how this will play out between the states and feds.  It'll be even more interesting at the end of Obama's terms and the start of the next republican after there are already multiple thousands of medical marijuana dispensaries set up in states.  Colorado already outnumbers California in dispensaries according to local news.  Will they choose to raid thousands after the election?  

But, I don't even see this story as the issue unless I'm missing something.  This story would be like an employer saying to an employee, yes, you can eat donuts on the job and the employee eating donuts the next day and getting fired for it.

Skip8282

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Re: Medical Marijuana User Sues After Being Fired
« Reply #6 on: March 15, 2010, 08:00:35 PM »
I understand where you would speculate on that.  I think we've all been wondering how this will play out between the states and feds.  It'll be even more interesting at the end of Obama's terms and the start of the next republican after there are already multiple thousands of medical marijuana dispensaries set up in states.  Colorado already outnumbers California in dispensaries according to local news.  Will they choose to raid thousands after the election? 

But, I don't even see this story as the issue unless I'm missing something.  This story would be like an employer saying to an employee, yes, you can eat donuts on the job and the employee eating donuts the next day and getting fired for it.


I agree, the crux in this matter will be what the employer told him.  He's claiming they were cool with it, but the managers may say otherwise.  Hopefully he was smart and got them to OK it with an email or letter or something.  If all he has is his word vs. their word, it could be problematic.

I didn't realize that about Colorado but damn...  I'm thinking if there's that many and a hard-core conservative takes office, they'll probably give them some type of grace period to shut down before raiding them.  But, I wouldn't put it past them to go for the "photo-op" and just start raiding a shit-load of places.

Sounds like a lucrative business.  I wonder if my State allowed it and I set up shop would I lose my job and my clearance?  I'd wanna keep my job just in case the Fed's made an issue of it, but if you're making killer money doing it...

Hugo Chavez

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Re: Medical Marijuana User Sues After Being Fired
« Reply #7 on: March 15, 2010, 08:10:47 PM »

I agree, the crux in this matter will be what the employer told him.  He's claiming they were cool with it, but the managers may say otherwise.  Hopefully he was smart and got them to OK it with an email or letter or something.  If all he has is his word vs. their word, it could be problematic.

I didn't realize that about Colorado but damn...  I'm thinking if there's that many and a hard-core conservative takes office, they'll probably give them some type of grace period to shut down before raiding them.  But, I wouldn't put it past them to go for the "photo-op" and just start raiding a shit-load of places.

Sounds like a lucrative business.  I wonder if my State allowed it and I set up shop would I lose my job and my clearance?  I'd wanna keep my job just in case the Fed's made an issue of it, but if you're making killer money doing it...
Don't forget what happened under Bush, they raided thousands of head shops across the nation overnight.  And they didn't even sell pot, just pipes and shit.  They even busted Tommy Chong for having his name attached to bongs and pipes.  He did prison time for it lol... Republicans can come down hard ass on that stuff.  Republicans love to tell people how to live...  LOL..WTF..LOL

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Re: Medical Marijuana User Sues After Being Fired
« Reply #8 on: March 15, 2010, 08:18:28 PM »
i dont smoke pot, never have, but I surely support the rights of employers to have requirements for what drugs their ppl use.

if I'm running an airline, I sure as hell don't want some 'medicinal pot' user running the air traffic control.  Sure, he might be slick enough to convince a doctor to prescribe it... but stoned people may not be at 100% when it comes to making decisions.

For the average guy running a plumbing business in a competitive market, with 5 employees... Would you rather have 5 employees who don't use weed nightly, or 5 guys who use it?  Plain and simple, who do you prefer?

gcb

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Re: Medical Marijuana User Sues After Being Fired
« Reply #9 on: March 15, 2010, 08:30:07 PM »
i dont smoke pot, never have, but I surely support the rights of employers to have requirements for what drugs their ppl use.

if I'm running an airline, I sure as hell don't want some 'medicinal pot' user running the air traffic control.  Sure, he might be slick enough to convince a doctor to prescribe it... but stoned people may not be at 100% when it comes to making decisions.

For the average guy running a plumbing business in a competitive market, with 5 employees... Would you rather have 5 employees who don't use weed nightly, or 5 guys who use it?  Plain and simple, who do you prefer?

You can always look at the competitive employer angle and quickly find yourself signing your rights as a citizen away. There has to be a balance, unless he is going to put someone in danger then I don't see a problem with this. If his performance at the job suffers enough that the company has grounds for dismissal then that is another thing.

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Re: Medical Marijuana User Sues After Being Fired
« Reply #10 on: March 15, 2010, 08:49:11 PM »
I can't work at hooters if I'm 300 pounds and ugly as sin.  It's just part of the process.  I can't work at a strip club if I have no T & A.  I can't get hired at most jobs if I'm stupid or slow.

If my boss needs a quick and responsive employee, I understand if he doesn't want a pothead on staff.  If he hires me as quick witted, and suddenly I"m sparking every 60 minutes and giggling on HoHo's and no longer the quick witted go-getter I once was, then I deserve to booted.

As far as smoking at home, I'm all for people doing it.  Do it in a car and you deserve broken bones.  But that's a different debate.

Hugo Chavez

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Re: Medical Marijuana User Sues After Being Fired
« Reply #11 on: March 15, 2010, 09:09:23 PM »
i dont smoke pot, never have, but I surely support the rights of employers to have requirements for what drugs their ppl use.

if I'm running an airline, I sure as hell don't want some 'medicinal pot' user running the air traffic control.  Sure, he might be slick enough to convince a doctor to prescribe it... but stoned people may not be at 100% when it comes to making decisions.

For the average guy running a plumbing business in a competitive market, with 5 employees... Would you rather have 5 employees who don't use weed nightly, or 5 guys who use it?  Plain and simple, who do you prefer?
oh my bust, this guy worked for the airlines?  :-\


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Re: Medical Marijuana User Sues After Being Fired
« Reply #12 on: March 16, 2010, 08:37:59 AM »
I can't work at hooters if I'm 300 pounds and ugly as sin.  It's just part of the process.  I can't work at a strip club if I have no T & A.  I can't get hired at most jobs if I'm stupid or slow.

If my boss needs a quick and responsive employee, I understand if he doesn't want a pothead on staff.  If he hires me as quick witted, and suddenly I"m sparking every 60 minutes and giggling on HoHo's and no longer the quick witted go-getter I once was, then I deserve to booted.

As far as smoking at home, I'm all for people doing it.  Do it in a car and you deserve broken bones.  But that's a different debate.

good post
GB

OzmO

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Re: Medical Marijuana User Sues After Being Fired
« Reply #13 on: March 16, 2010, 09:19:21 AM »
Hmmmm.

Medical Marijuana User Sues After Being Fired
Monday, March 15, 2010 

GREAT FALLS, Mont. —  A Great Falls man who says he was wrongly fired from his job for using medical marijuana has filed a $500,000 lawsuit against his former employer.

Mike Babbitt in a complaint filed earlier this month against Loaf-n-Jug says he was discriminated against, lost wages and suffered other monetary damages.

The company declined to comment.

Babbitt says he is HIV-positive and is qualified to received medical marijuana.

He says he told the company he received a medical marijuana card and the company told him it wasn't a problem.

But Babbitt says he was fired in November after a drug test from the previous month showed the presence of marijuana.

Babbitt's attorney says marijuana use falls under the company's definition of legal medication.

http://www.foxnews.com/story/0,2933,589279,00.html?test=latestnews


Does anyone know who the employer was?  Was it Walmart?

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Re: Medical Marijuana User Sues After Being Fired
« Reply #14 on: March 16, 2010, 09:34:50 AM »
It all depends if the job performance suffered. 

Hugo Chavez

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Re: Medical Marijuana User Sues After Being Fired
« Reply #15 on: March 16, 2010, 10:03:20 AM »
it says in the article.   Loaf-n-Jug is a grocery store. 

and no, this guy was not a pilot with loaf n jug airlines.

Dos Equis

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Re: Medical Marijuana User Sues After Being Fired
« Reply #16 on: March 16, 2010, 10:55:09 AM »
We also don't know if he is telling the truth.