Wal-Mart Fires Employee with Cancer for Using Medical Marijuana

Wednesday, March 17, 2010
Joseph Casias

Suffering from sinus cancer and an inoperable brain tumor, Joseph Casias, 29, took the advice of his doctor and started using marijuana for medicinal purposes, which is permitted under state law in Michigan after it was approved by voters in 2008. But his employer, Walmart, still fired him after he tested positive for the drug on a routine drug test after he sprained his knee at work.

 
Casias, a five-year employee who was selected Associate of the Year in 2008 at the Walmart store in Battle Creek, showed his supervisors proof that he was authorized to use medical marijuana. It didn’t matter.
 
Company spokesman Greg Rossiter told WZZM 13 News: “In states, such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen. We believe our policy complies with the law and we support decisions based on the policy.”
 
Walmart is also challenging Casias’ eligibility for unemployment insurance payments.
 
Some of Casias’ former coworkers held a rally near the store to protest his firing.
-Noel Brinkerhoff
 
Walmart Fires Michigan Man for Using Medical Marijuana (by Phil Dawson and Christa Graban, WZZM 13-TV, Grand Rapids)

Comments

SK 14 years ago
A company has to abide by state rules: Michigan Law is quite specific -- "A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act." And -- Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. Once you open a business in a state, you must abide by their rules, not yours. The state law. How hard is that? These days companies just think they can walk all over the law! Walmart is just the greedy and insensitive behemoth trying to pinch pennies by ignoring the law. Oh, and technically hemp isn't a "narcotic."
BH 14 years ago
IF the company policy states that any use of narcotics is ground for termination, then you have to follow that. Once you sign the agreement of employment, you must abide by their rules, not yours, or your doctors. The company. How hard is that. These days people just think they can walk all over their employer. And really, the state allowing the use of medical smoke is the key factor in getting this guy fired. He should be mad at the voters and state legislature for this. Walmart is just the referee enforcing the rules.
MikeP 14 years ago
Leave it to a big Box organization to basically sentence this poor guy to death by using company policy to hide behind. No job, no insurance, no benefits? NO TREATMENT for his cancer! Lawers are going to be beating a path to his door to represent Joseph pro-bono. If Walmart wants to avoid a PR nightmare, they'll get their heads out of their a**es and re-instate this guy YESTERDAY! They said that they're following [hiding behind] company policy to terminate him, they can also follow state law to by-bass that policy. I urge every single person out there to boycott this store until his re-instatement.
MarkD 14 years ago
This would only make sense if Wal-Mart fired everyone that came up positive for any drug. Even pharmeceuticals, oh but wait they sell pharmeceuticals... Must'nt dislike the competition.

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