Wal-Mart Worker Fired Over Medical Marijuana
Rich Meneghello was quoted in the June 28 article "Wal-Mart worker fired over medical marijuana" featured on NBC News.
Most large corporations such as Wal-Mart have long-standing policies against drug use, and many screen prospective employees and conduct random drug testing on existing workers.
Employment experts said companies across the country, especially those that operate in a number of states with different marijuana laws, face a Catch-22.
“The federal law says the drug is illegal, but the states are telling people they are allowed to smoke,” said Richard Meneghello, an attorney in Portland, Ore., who works for Fisher Phillips, an employment law firm that represents companies. If they accommodate marijuana use among some employees, he said, and a worker ends up injuring a customer, then they could face charges of negligence because they knew the employee was using the drug.
Most of his clients are choosing not to make such accommodations and are terminating workers. And, he added, the courts are increasingly siding with employers in these matters.