A new decision from the Washington Court of Appeals, Roe v. Telletech Customer Care Management LLC, provides a victory for employers who resist employees’ requests to accommodate their medical marijuana use. The case involved an employee who, after only two weeks of work, was terminated once she informed management that she was authorized by the State of Washington to use marijuana to treat her migraine headaches. The company was unwilling to make an exception to its substance abuse policy, and terminated her when the results of a standard pre-employment drug test came back positive for marijuana.
The court answered two questions on appeal. First, did the Washington State Medical Use of Marijuana Act (MUMA) imply a civil cause of action to sue an employer who refuses to accommodate employee use of marijuana? Second, for purposes of Washington’s wrongful discharge tort, does MUMA express a strong public policy in favor of medical marijuana use such that an employer who terminates an employee for off-duty medical marijuana use can be liable?Read the full article and discuss it »