Off Topic Cafe If it doesn't belong in any of the other forums. Post all Off Topic stuff here.

If weed is legalized, can it still be used to determine employment status?

Thread Tools
 
Old 08-03-2010, 10:24 AM
  #1  
Senior Member
Thread Starter
 
Dyson's Avatar
 
Join Date: Oct 2001
Location: Little Rock, AR
Posts: 218
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: 2007 Accent
Default If weed is legalized, can it still be used to determine employment status?

My question is, will employers still be allowed to deny the hiring of those on this legal substance and if so, how widespread do you think the mentality of "No weed allowed" amongst businesses?

My initial thought process is yes. That even if legal, people can be denied employment for failing a drug test due to marijuana. Might be a deep end comparison but just like certain substances are legal but banned in sports, they can still punish those who don't comply with their policies. Sure in that industry, certain substances can give unfair advantages and whatnot, but I'm just thinking of the principle and precedence it sets for future litigation. Also as another example, in many workplaces men cannot wear earrings. It isn't against the law to wear earrings but it is against company policy.

The second part of my question, I can see most corporations using it as a tool to weed out candidates (no pun intended). Or taking a philanthropic, role model type approach to make themselves appear better, to the general public, than their competitors who don't enforce a "no weed tolerance." I think it will be the norm or the standard to still test for drugs and terminate those who fail on the grounds of weed.

Your thoughts?
Old 08-03-2010, 10:28 AM
  #2  
Administrator
 
majik's Avatar
 
Join Date: Oct 2002
Location: ɯooɹpǝq ɹnoʎ
Posts: 13,943
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: ǝdnoɔ sısǝuǝƃ
Default

It depends on how the laws are written, but yes. It could be similar to prescriptions, you can't perform certain tasks under certain medications. You can't operate a fork lift if you're on Morphine, it's just not safe.

I'm sure if it's legalized, the laws will be written to allow companies to refuse employment and have no drug policies.
Old 08-03-2010, 10:31 AM
  #3  
DTN
Moderator
 
DTN's Avatar
 
Join Date: Feb 2009
Location: Leesville, Louisiana
Posts: 11,731
Received 5 Likes on 5 Posts
Vehicle: 2001 Hyundai Tiburon
Default

A person who uses marajuana is not a good hire for any business. That is a fully justified reason to fire someone. Marajuana has effects which last for a month. Would you fire someone who shows up drunk? How about high? In a serious business the answer is yes. If your job is to flip burgers, your boss probly does not care.
Old 08-03-2010, 10:32 AM
  #4  
Administrator
 
majik's Avatar
 
Join Date: Oct 2002
Location: ɯooɹpǝq ɹnoʎ
Posts: 13,943
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: ǝdnoɔ sısǝuǝƃ
Default

If they title it as a "medicinal use recreational drug" or something like that, I'm sure companies will still be able to terminate for it, or prevent employment. If you owned a company, would you want your representation (customer service, sales team, installers, accounting, program developers) smoking weed on their lunch breaks?

The laws could also be written in a form that allows you to posses the drug as long as you don't consume it. This will allow you to buy it, grow it, sell it (all within limits) but also allow for the enforcement of employers.
Old 08-03-2010, 11:20 AM
  #5  
DTN
Moderator
 
DTN's Avatar
 
Join Date: Feb 2009
Location: Leesville, Louisiana
Posts: 11,731
Received 5 Likes on 5 Posts
Vehicle: 2001 Hyundai Tiburon
Default

ï®™
Old 08-03-2010, 11:20 AM
  #6  
DTN
Moderator
 
DTN's Avatar
 
Join Date: Feb 2009
Location: Leesville, Louisiana
Posts: 11,731
Received 5 Likes on 5 Posts
Vehicle: 2001 Hyundai Tiburon
Default

Or how about the guy who calibrates medical equipment in the hospital like me? I'd fire me for smoking weed if it was legal. How about your doctor?
Old 08-03-2010, 11:44 AM
  #7  
Senior Member
 
Polaris's Avatar
 
Join Date: Jun 2008
Location: Knoxville,TN
Posts: 251
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: 2001/Hyundai/Tiburon
Default

Of course it will still be able to be used to determine employment status. I know a few companies that are anti-nicotine...if you smoke cigarettes you won't get a job there.

QUOTE (DTN @ Aug 3 2010, 12:31 PM)
A person who uses marajuana is not a good hire for any business. That is a fully justified reason to fire someone. Marajuana has effects which last for a month. Would you fire someone who shows up drunk? How about high? In a serious business the answer is yes. If your job is to flip burgers, your boss probly does not care.


you mean uses marijuana on the job? Like you said obviously if a person gets high and then goes and works they should be fired. That's no different than someone getting drunk and going to work.

I think even if weed gets legalized it will still carry negative connotations with it and people will continue to perform pre-employment drug tests for it.
Old 08-03-2010, 02:22 PM
  #8  
DTN
Moderator
 
DTN's Avatar
 
Join Date: Feb 2009
Location: Leesville, Louisiana
Posts: 11,731
Received 5 Likes on 5 Posts
Vehicle: 2001 Hyundai Tiburon
Default

THC stays in your system for 30 days. It is stored in your fat. The harder you work and the more you burn fat, the higher you get and the less work you want to do.

http://www.concept420.com/how-long-does-ma...stay-system.htm

This page says that marajuana can have a 1/2 life of 1-10 days. This means that the THC levels drop 1/2 in your blood in 10 days.

It's a matter of logical reason why the drug is illegal. Those who use it will work the same jobs as others who use it. It's a rut.
Old 08-03-2010, 02:49 PM
  #9  
Senior Member
 
SR Tech's Avatar
 
Join Date: Nov 2007
Location: Albany,NY
Posts: 1,139
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: 2011 Tuscon
Default

As a user for, ill just guess here, 6-7 years or so?... yes i agree that anyone performing the tasks while under the influence is a bad thing waiting to happen.

If its used like most use alcohol, either after work or on weekends, i don't see it being a problem with any employer as long as its legal.

^I've been doing exactly as stated for a while.

I've been the service manager for a $million+ company for 2 1/2 years now, i was the head technician for the 3 1/2 years prior. I deal with THOUSANDS of dollars a day whether it be in my hand or electronic. The only person above me is the owner, and believe me SHE is very aware of my activities. I consider that a "serious business"

As long as the job gets done properly and in a timely manner, i don't see any reason that just because that person uses marijuana in THEIR free time, to fire or not hire them.

A few years after it gets legalized it will simply be treated like alcohol, don't drive or operate equipment under the influence.
Old 08-03-2010, 03:09 PM
  #10  
Administrator
 
majik's Avatar
 
Join Date: Oct 2002
Location: ɯooɹpǝq ɹnoʎ
Posts: 13,943
Likes: 0
Received 0 Likes on 0 Posts
Vehicle: ǝdnoɔ sısǝuǝƃ
Default

^ AFAIK, There's no way to test to prove someone is currently under the influence. They could always claim it was 25 days ago.



All times are GMT -6. The time now is 12:52 PM.