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Can someone be fired for marijuana use?

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  • Can someone be fired for marijuana use?

    An employee was in an accident with the company truck - it was totaled - and they were charged with the accident. The employee was sent for a post accident drug test and it came back positive for marijuana. The employee said he smoked marijuana two weeks ago. We do not feel we can trust the person to drive again. Can we fire him? We hired him to be able to drive to job sites.

  • #2
    re: Can someone be fired for marijuana use?

    You certainly can for the positive drug test.

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    • #3
      re: Can someone be fired for marijuana use?

      So his drug teat came back positive that doesn't mean that he was under the influence at the time of the accident. All that this proves is that he had smoked marjuana sometime in the last few weeks but not neccesairly while driving or at work for that matter. It's just pot relax, he didn't test positive for crack or meth.

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      • #4
        re: Can someone be fired for marijuana use?

        True but unfortunately he can still be fired...

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        • #5
          re: Can someone be fired for marijuana use?

          The employer has every right to fire someone who has tested positive for a controlled substance after an incident. The fact is reinforced further if they have a DFWP policy in effect, which it sounds like they do because of the post accident testing.

          Regardless if the person was under the influence at the time of the accident or not is irrelevant. The company is or would be liable for any property damage, physical injuries sustained in an accident.

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          • #6
            re: Can someone be fired for marijuana use?

            This was me above.... I just registered.
            Human Resources Manager & Payroll Administration

            ~~There is a balance between the Employees and the Employer~~

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            • #7
              re: Can someone be fired for marijuana use?

              Spoken like a true user or true enabler. A user is a user and this person has the POTential for using on the job. Marijuana affects perception of time and space. This is an issue when driving. This is a safety issue, not an issue of "it's only marijuana.

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              • #8
                re: Can someone be fired for marijuana use?

                Time and Space

                ANOTHER unregistered... next qouting the theory of the temperal fold.

                Yeah you can fire him and sue him.

                Unregistered should be considered roaches...

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                • #9
                  re: Can someone be fired for marijuana use?

                  If that is prohibited by his employment contract then it is legal to fire him. Using marijuana while driving or during work is a grave misconduct which may be a ground for termination.
                  -------------------
                  Employment Lawyers

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                  • #10
                    re: Can someone be fired for marijuana use?

                    I WAS FIRED FROM A COMPANY IN 2005 FOR COMING OUT POSITIVE/ I HAVE NEVER MISSED A DAY IN WORK. IM NEVER LATE, I NEVER COME IN TO WORK SMELLING LIKE A BREWERY OR ESPECIALLY CIGARETTES, I RESPECT EVERYONE I WORKED WITH, AND I PULLED THE COMPANY OUT OF SOME SERIOUS SITUATIONS IN MILLION DOLLAR INSTALLATIONS. IN 2007 I WAS REHIRED... IN 2009 THE SAME SAFETY FIRED ME FOR NOT GIVING HIM A URINE SAMPLE. I HAD A PERFECT RECORD AND HIGHLY INVOLVED, MY ACCOMPLISHMENTS WERE WELL EXECUTED. CAN SOMEONE ACTUALLY FIRE SOMEONE FOR AFTER KNOWING THAT AN INDIVIDUAL HAD ALREADY BEEN FIRED FOR THE SAME REASON. WHY EVEN HIRE HIM.

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                    • #11
                      re: Can someone be fired for marijuana use?

                      Yes, if a company gives someone a 2nd, 3rd, etc chance at a job, but the person still is doing drugs -- then yes a company can fire them. Many companies have no drug policies including prescription drugs if safety is involved. Can you imagine someone on drugs working as an air traffic controller or police officer or truck driver?

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                      • #12
                        Originally posted by annjd View Post
                        True but unfortunately he can still be fired...
                        Wrong, not if he admits he "has a problem", which he did, "smoked a joint a couple weeks ago." In which case he qualifies for a drug and alcohol program. If a company is not willing to offer this and other benefits they aren't worth working for. Not only that, if he's in a union and files a grievance you couldn't get anywhere near him. Unless he has repeat offences under the drug and alcohol program and is finally, after due dilligence, terminated. So, no, you cannot just fire someone for having thc in their system.

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