No case law or precedents yet
A Nevada labor lawyer has warned working people in the Silver State that testing positive for marijuana, even if it’s medically prescribed, can get you a pink slip at work.
At a conference held at the Cashman Center in Las Vegas, lawyer Tony Golden spoke to several dozen HR managers, including casino and government managers, about the fire-able offense.
Though Nevada law allows employers to make “reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana,” smoking dope is still a federal offense. And a boss would likely be within his or her rights to fire someone who tested positive for marijuana use.
“There’s confusion in the workplace, and not just from people smoking pot,” Golden told the audience.
According to the Las Vegas Review-Journal, the law such cases has never been tested, so any assumptions about the outcome of wrongful termination lawsuits would be ambiguous.
Golden cautioned that regular pot users can retain traces of the drug in their systems for weeks after smoking. And a person who smokes marijuana in a state where it’s legal could still be fired if he or she tests positive after returning to Nevada.
“It’s not criminal,” Golden said. “But it doesn’t mean you won’t lose your job.”
