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"A former Amazon warehouse worker who sued the company after allegedly being fired over his use of medical marijuana is better positioned to win the case following a procedural ruling by a federal judge on Thursday.
Not a sure thing, but a real legal landmark for medical cannabis patients' rights if the former Amazonian wins his legal challenge…
"…Last year, the ex-Amazon employee filed the suit, alleging that he was terminated after testing positive for THC and subsequently requesting a disability accommodation for his anxiety disorder to allow him to use cannabis in accordance with state law. And last week, he scored a small but significant procedural victory….
…the decision bodes well for the plaintiff.
The first simple fact is that the federal court would almost certainly not have ruled in the his favor under federal disability law, which doesn’t cover people using cannabis regardless of state policy, so the case being transferred back to the state Superior Court is already a positive development on its own for the former Amazon employee.
But more importantly, the stage was set for a positive ruling for the plaintiff in a separate New Jersey case last month. Not all legal marijuana states provide workplace disability protections for medical cannabis patients, and some courts have maintained that employers do not have an obligation to accommodate those patients—but the New Jersey Supreme Court ruled in March that the Garden State does.
In its ruling, the court concluded that the state’s existing disability protections mean that employers can’t fire someone solely for testing positive for marijuana if they’re a patient under the state’s program. They can still be terminated for being intoxicated on the job, but the precedent makes the plaintiff’s case much stronger."
Worker Fired By Amazon For Medical Marijuana Wins Key Decision In Federal Court | Marijuana Moment
A former Amazon warehouse worker who sued the company after allegedly being fired over his use of medical marijuana is better positioned to win the case following a procedural ruling by a federal judge on Thursday. Last year, the ex-employee filed the suit, alleging that he was terminated after test…
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