Patient Fired For Testing Positive? Qualify For Mi Unemployment

[impatient]

See the Detroit Free Press article at: http://www.freep.com/story/news/local/michigan/2015/11/05/appeal-deniedmedical-marijuana-firings-get-jobless-pay/75223918/

[t-pain]

A brief order was released Thursday. The Michigan Chamber of Commerce and Attorney General Bill Schuette’s office had urged the state’s top court to intervene.

 

what is this guys problem?

[impatient]

There's also a "Mlive" article that goes into more detail about this at: http://www.mlive.com/news/detroit/index.ssf/2015/11/fired_medical_marijuana_users.html

 

Nice to see some good news :-)

[trichcycler]

interesting stuff to come....when nobody will hire him because he tests positive for marijuana. Disability insurers will have a hay day with these cases maybe when their unemployment expires...

 

[t-pain]

Rick Braska , one of the parties in the case that was fired, died.

 

fired, denied unemployment, sued, won , appealed, won, died, still won.

rip rick. your final days fighting will help many patients in michigan.

[t-pain]

http://www.mlive.com/news/detroit/index.ssf/2015/11/fired_medical_marijuana_users.html

[t-pain]

https://www.michigan.gov/uia/0,4680,7-118--370262--,00.html

 

Notice to Employers and Claimants Concerning Medical Marijuana

 

Recently, the Michigan Supreme Court declined to hear cases challenging an earlier Michigan Court of Appeals ruling regarding the Unemployment Insurance Agency (UIA). As a result, the Court of Appeals decision is now final, and will not disqualify a person from receiving unemployment benefits if that person tests positive for marijuana while holding a valid registry identification card issued under the Michigan Medical Marijuana Act. As a result of this legal development, the Agency must take steps to comply with the Court of Appeals decision.

 

 

 

Now, and solely in the context of unemployment benefits, claimants will be disqualified from receiving unemployment benefits if the claimant’s: (1) positive drug test for marijuana was caused by the ingestion of marijuana at the workplace; (2) discharge is based on the fact that the claimant was under the influence of marijuana at the workplace; or (3) inability to demonstrate that he or she is a qualifying patient who has been issued and possesses a registry identification card under the Michigan Medical Marijuana Act.

 

 

 

Claimants Should Know: When the use of medical marijuana is asserted to avoid a disqualification, UIA staff will request a copy of your valid registry identification card.

 

 

 

Employers Should Know: The term “under the influence” is not defined in the Michigan Medical Marijuana Act. Accordingly, fact finding will seek material facts which demonstrate that an individual’s use of medical marijuana put the safety of persons or property at risk.

 

 

 

Consistent with any other issued (re)determinations, the Agency will continue to provide all parties protest and appeal rights of its (re)determinations where any party disagreeing with the Agency’s (re)determination may protest or appeal the decision as warranted.

 

 

 

For more information, please call:

 

 

 

Employers: Office of Employer Ombudsman at 1-855-4UIAOEO (1-855-484-2636)

 

 

 

Claimants: UIA Customer Service Hotline at 1-866-500-0017

[bobandtorey]

http://michiganmedicalmarijuana.org/topic/41194-sixth-circuit-rules-a-private-employer-can-fire-you-for-using-medical-marijuana-wal-mart-joseph-casias/?hl=%2Bwalmart+%2Bjoe#entry405148

 

Walmart Joe