Michigan Court Of Appeals Rules Fired Medical Marijuana Patients Should Get Uneployment Benefits

[Kingdiamond]

http://www.freep.com/story/news/local/michigan/2014/10/24/medical-marijuana-michigan-unemployment-compensation/17866619/

 

 

In a breakthrough decision for those who say marijuana is medicine and not a dangerous drug, the Michigan Court of Appeals ruled Friday that workers who are state-approved users of medical marijuana should get unemployment compensation if fired solely for testing positive for drugs.

 

"It's a very favorable decision for the civil rights of employees in Michigan," said Matt Abel, a Detroit lawyer and senior partner of Cannabis Counsel, a law firm that focuses on marijuana cases.

 

But Rich Studley, president of the Michigan Chamber of Commerce, said the ruling -- and the use of medical marijuana in general -- present "a real dilemma" for employers.

 

"There's a serious question of workplace safety when people may use medical marijuana before they come to work" and then operate machinery or do other tasks that could endanger others, Studley said.

 

He said he hoped the ruling would be appealed. The Chamber of Commerce filed an amicus brief in the case in opposition to allowing jobless benefits to medical-pot users.

 

Michigan has had numerous cases of workers who, after receiving years of good performance evaluations, were terminated when they failed on-the-job drug tests because of their medical marijuana use, Abel said.

 

"This decision is another acknowledgment that medical-marijuana users' rights have been unfairly infringed.

 

"They still can be fired for medical-marijuana use — even off the job, which we think is wrong. But now, at least they can't be barred from unemployment benefits for that reason alone," said Abel, who also is the executive director of Michigan NORML, the state's chapter of a nationwide group that favors legalizing the drug.

 

Friday's decision applies only to Michiganders who are state-registered users of the drug. The decision affirmed lower court decisions that the state's medical marijuana law preempted its unemployment law.

 

A three-judge Appeals Court panel found that three state courts rightly reversed a decision by the Michigan Compensation Appellate Commission to deny three workers their compensation after they were fired by their employers for testing positive for marijuana. The decision said that a provision of Michigan's medical marijuana act, passed by voters in 2008, prohibits penalties for those who use medical marijuana legally.

 

The decision encompassed separate cases from across the state in which three employees had been fired from their jobs after allegedly violating their employers' worksite policies by testing positive for marijuana. Each possessed a state-issued medical marijuana card, demonstrating that a medical doctor had approved their use of the drug to treat a health condition.

 

Administrative law judges in each case had ruled in favor of forklift operator Rick Braska, CT technician Jenine Kemp and furniture-repair technician Stephen Kudzia.

 

"This is not the ultimate victory but it's a big step in the right direction," said medical-marijuana user Steven Greene, 47, of Lyon Township.

 

"Right now, marijuana is still classified with the federal government as a Schedule I dangerous drug, the same as heroin, which is so destructive to people's health. That's keeping a lot of society from accepting it and keeping a lot of employers from accepting it," said Greene, a candidate for trustee in Lyon Township.

 

Contact Bill Laitner: blaitner@freepress.com

[painterdan]

finally some common sense

[t-pain]

wheres shcutte ? he loves appealing these types of cases.

 

nm, a week after the elections if hes still in office, he'll file an appeal.

Edited October 25, 2014 by t-pain

[phaquetoo]

in 95 I was workin for a company and they were 1099 me, I wanted to get on the books for child support reasons, I had to go take their physical and I tested pos for mj, they told me they couldnt put me on the books because of that, but I could keep working for them under a 1099, (i had my own biz any how) so I elected to quit working for them, a few months later I called my old boss/co worker and asked them who they were using to help hang vynil, he said they havent hung any since I left lol,,,,,and asked if I could do a few jobs for them,,,,I said I need this much an hr, He said no problem, than I asked him who was gonna do the urine screen for me because I still smoked mj,,,,,,he replied they dont test for thc any longer, just the other drugs, and if they ckecked for thc in all of their employee's they wouldnt have any  bawahahahahaha!

 

I went back to work for them and a yr later got into the accident that disabled me, I was not working at the time of accident, but it was a good thing I was working for them at the time, it is much harder to prove what your salary is when you are self employed and dont claim everything, so all worked out well for all involved, and I did teach a few of their employees my trade while I was working for them so they wound up with good vynil hangers!

 

Peace

[solabeirtan]

"Friday's decision applies only to Michiganders who are state-registered users of the drug.

The decision affirmed lower court decisions that the state's medical marijuana law preempted its unemployment law."

 

Congrats to Matt, as well, a very fine decision by the CoA. Thank you and keep up the good work!

[imiubu]

I feel this is a back sided 'win'.

So, does this still allow corporations to randomly test employees and fire them if they test positive

for metabolites, then they get to dump the cost of the persons loss of income onto the State of MI?

All so corps can cover their azzes w/ their insurance companies? hogwash system anyway.

I remember a time when if you were injured on the job, the company sent you to the doc or er and

took care of you, smh.

What goes on these persons work record once fired?

I guess I don't get how this is a good thing.

A decision in a better direction, yes.

 

 

 

Will this in any way help Joe Casais?

[t-pain]

if fired 'at will', do they still have to pay unemployed?

[budpuffer]

this is a great thing for us....the more they treat MJ as a true medication the better for all of us...bp

[t-pain]

hah choice quote from the opinion

http://cases.justia.com/michigan/court-of-appeals-published/2014-313932.pdf

 

We decline the Department’s

invitation to ignore the basis for the positive drug tests and engage in linguistic gymnastics in an

attempt to avoid the plain language of the MMMA.

where was this court of appeals on the last 20 cases?

Edited October 26, 2014 by t-pain

[bobandtorey]

I agree where were they imho we have not heard the last of this the insurance people are going to be all over this

[bobandtorey]

Maybe after this ruling they will be replaced  with someone that thinks cannabis is bad for everyone