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Hiring & Firing › Conditional Job Offers › Medical Marijuana

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Tucker Arensberg, P.C.

New City of Pittsburgh Ordinance Prohibits Drug Testing for Some Prospective and Current Employees Certified to Use Medical...

Tucker Arensberg, P.C. on

Medical marijuana is currently legal in 37 states—including Pennsylvania. The Commonwealth of Pennsylvania legalized the use of medical marijuana in 2016 when it adopted the Medical Marijuana Act (“the Act”), which legalized...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

Proskauer - California Employment Law on

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Herbert Smith Freehills Kramer

NYC Employers Can No Longer Use Pre-Employment Marijuana Testing to Weed Out Prospective Employees

Herbert Smith Freehills Kramer on

On April 9, 2019, the New York City Council passed a bill that prohibits employers from conducting pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols (THC). ...more

Littler

Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC

Littler on

On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more

Clark Hill PLC

Rescission of Conditional At-Will Employment Offers are not Penalties under the MMMA

Clark Hill PLC on

On February 19, 2019, the Court of Appeals ruled in Eplee v City of Lansing that an employer’s rescission of a conditional at-will employment offer because of a positive THC test is not a penalty under the Michigan Medical...more

Littler

Michigan Employers Can Refuse to Hire Medical Marijuana Users

Littler on

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

Akerman LLP - HR Defense on

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

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