Fired for Breaking Policy I Was Never Informed About

My question involves labor and employment law for the state of: WA, OR

Although I mainly work in WA state, at times my job brings me into OR...although rarely.

I have been terminated for failing a post MVA drug screen that tested positive for marijuana, a legal substance in both states. I have worked for the company for 10+ years with no incidents and above average performance reviews. When my employment began I signed the handbook stating I have been informed of the company policies. Since that time two things have occurred: marijuana has been legalized, and the company was sold and the name of said company was changed. I have never been informed of, or signed anything stating I was aware of, the new companies policies. Would this be grounds for wrongful termination despite the "at will" laws of the states in which I am employed?

Thank you for any help you can offer!

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Quoting woe_is_me

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Would this be grounds for wrongful termination

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No.

File for unemployment.

Marijuana may be legal, but a company can still fire you for dropping dirty.

And no, generally company policies (whether seen by employees or not) do not supercede at-will.

I figured as much. I was hoping that lack of policy recognition with the new company would hold weight. In regards to UI benefits, my concern is that the claim would be denied as the company would likely respond to the state that I was termed due to misconduct or through willful action. It has been 20 years since I filed for UI, wouldn't I have to state the reason for my termination?

It's reasonable to say that you're employed in one state, probably Washington, even if you occasionally travel to Oregon or other states for work -- that's a detail you can clarify if you choose. It's also unlikely that your accident occurred while you were right on the state line, not that it would affect the law relating to whether an employer in one state or the other could fire you for marijuana use. So I'm going with Washington.

In Washington, it's clear that the changed law provides you absolutely no protection for an employer's prohibition on marijuana use, or termination of you for smoking marijuana:

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Quoting Roe v. Teletech Customer Care Management (Colorado) LCC, 257 P.3d 586, 588 (Wash. 2011)

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We hold that MUMA does not provide a private cause of action for discharge of an employee who uses medical marijuana, either expressly or impliedly, nor does [the Washington State Medical Use of Marijuana Act] MUMA create a clear public policy that would support a claim for wrongful discharge in violation of such a policy.

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Initiative 502 didn't change that law.

Well, obviously not what I was hoping to hear. Thank you everyone for your advice and the expedience in which it was offered.

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Quoting woe_is_me

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It has been 20 years since I filed for UI, wouldn't I have to state the reason for my termination?

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The employer can say "misconduct," all they want, but many states have certain rules that must be followed before testing positive rises to the level of misconduct for UI purposes. Just apply, say you were fired, and keep your mouth shut about the reasons. The employer might not respond, might respond with the wrong words, and you might get benefits by default. If they say, "marijuana," and you get denied, then appeal, and the judge will ask the right questions at the hearing, and if the employer didn't follow the proper steps, you can still get benefits. The odds are very much in your favor unless the employer knows what they are doing stone cold.

At the hearing:

The employer might not show because they are too busy running business.

The wrong person shows

They don't bring the test results

They don't bring the written policy

They can't prove that you knew the policy

Lots of things can happen that work your favor. Just remember that admissions count. If you admit to using it, then you are doing your employer's job for them.

The question was not about unemployment insurance. I doubt that anybody here would suggest that the OP not apply for UI, even if he doesn't have a basis to sue his former employer.

For the record, unless there is a specific law - not a company policy, a law - that was violated by the termination (there is a specific law that prohibits the employer from firing you for that reason) it is not a wrongful term.

Again, thanks for all the advice. I do plan on filing for UI if I'm not able to talk them into keeping me as it sounds like this would not be a wrongful termination suit.

I've discovered that another employee was in a similar situation. He received UI benefits, the company filed to have him repay based on misconduct and eventually lost because he was never informed of the policy under the new company name. He did not attempt a wrongful termination suit, or even attempt to keep his job. In addition, having looked at the policy since the accident it states illegal drugs, which marijuana isn't...at the state level at least. I suppose the loophole there is the federal law. Hopefully all of this together will be enough to win any mediation or appeals. Perhaps given how recent this other incident occurred, maybe they won't even waste their time (crosses fingers).

Let's be quite clear about this.

Neither you, nor he, would have anything that even resembles a wrongful termination claim.

I have a question I was just recently fired it was made to sign a letter saying that I was late that I took off 3 days and left early two days in the same week after getting verbal permission from my supervisor and the owner of the company they told me just keep them informed so I kept them informed by messaging and calls I have saved. He made me sign a paper staton's all this stuff about being late other times or leaving early everytime I was either late or I was absence I got permission and or called in before the start of my shift. He told me if I do not sign the paper he would not give me my check I need to check on the paper disqualify me for benefits. The paper says he gave me multiple verbal warnings but I have never been written up for anything do I have a leg to stand on

Please do all of the following:

1.) Start your own thread
2.) Indicate in which US state this is taking place
3.) Use some punctuation so that we can read your post

and I'm sure someone will be happy to answer.