Cannabis-related firing suit improperly dismissed: Appeals court
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A Pennsylvania appellate court on Friday reversed the dismissal of a lawsuit by a former refuse worker who claimed his cannabis-related firing was improper because he possessed a valid medical marijuana card.
The state Superior Court said a trial judge erred in dismissing the lawsuit by the former employee against Waste Management and Processors Inc. over the June 2021 termination.
The man, who worked as a loader since November 2015, began using state-legal medical marijuana in January 2021 to treat his back injuries and carpel tunnel syndrome.
He claims he was fired six months later after being randomly selected for a drug screening, which tested positive for marijuana.
Waste Management argued that under state law, workers could be disciplined or fired if they’re found to be under the influence of marijuana at work even if the substance is medicinally legal in Pennsylvania.
The former employee claimed he didn’t disclose his medical marijuana patient status until after the positive drug test, and the fact that the company had the opportunity to terminate him immediately after the test results but waited until he disclosed his patient status proved discrimination.
A trial judge dismissed the suit in August 2023.
The appeals court, in remanding the case, said the suit was prematurely dismissed because questions remained over whether the firing was strictly related to medical marijuana patient status.
