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  1. #1
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    Oct 2017
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    Default Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    My question involves labor and employment law for the state of: California
    My girlfriend recently got a new job and loves it. She happened to get this right during peak harvest time. I currently am involved in the legal cannabis industry in California and this time of year is when the outdoor crop is harvested. Because of that my entire house fills with the smell of cannabis. We had not anticipated how much the smell would linger on clothes in the home and when my girlfriend arrived at work she was sent home and told HR would be called because she smelled like cannabis. She does not consume cannabis and would/will pass the drug test if given. I fully understand the need for employees to not smell like this substance and she is extremely embarrassed it happened. My question is if anyone has insight into whether a company would be able to fire her for just smelling like cannabis, even if she passes the drug test and clearly has never been under the influence at work or otherwise? Any insight would be much appreciated.

  2. #2
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    Oct 2014
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    Default Re: Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    In general she could be fired for smelling like pot. While pot is legal in some circumstances under CA law (and the law of some other states, too) nothing in the law of any state protects an employee from being fired for smelling of pot. While you may like the smell of it or not notice it, to a lot of other people the smell of weed is indeed obnoxious and an employer need not put up with that. Similarly, an employer could fire an employee for smelling strongly of tobacco, perfume, or whatever else.

  3. #3
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    Default Re: Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    Quote Quoting Taxing Matters
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    In general she could be fired for smelling like pot. While pot is legal in some circumstances under CA law (and the law of some other states, too) nothing in the law of any state protects an employee from being fired for smelling of pot. While you may like the smell of it or not notice it, to a lot of other people the smell of weed is indeed obnoxious and an employer need not put up with that. Similarly, an employer could fire an employee for smelling strongly of tobacco, perfume, or whatever else.
    Thank you for your input. A very frustrating situation. It is absolutely an overpowering smell and though I like it.. I do not have the desire or intention of broadcasting it to anyone. I was just hoping that because she will pass the drug test there would be some sort of protection. She doesn't partake in any part of cannabis and I am starting to feel like I have put her dreams in limbo.

  4. #4
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    Default Re: Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    Quote Quoting tgower
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    Thank you for your input. A very frustrating situation. It is absolutely an overpowering smell and though I like it.. I do not have the desire or intention of broadcasting it to anyone. I was just hoping that because she will pass the drug test there would be some sort of protection. She doesn't partake in any part of cannabis and I am starting to feel like I have put her dreams in limbo.
    Understand that in pretty much every state, including California, employment is “at will.” Under the concept of at will employment, both the employer and employee are free to terminate the employment relationship at any time for any reason. In the U.S. federal and state laws prohibit an employer’s ability to fire an employee in some circumstances, so we do not have a pure at will system. But the prohibited reasons are fairly narrow. The prohibited reasons include firing you because:
    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).


    The exact list of prohibited reasons will vary by state. The employer may fire an employee for any reason not prohibited by federal, state or local law even if the reason is silly, absurd, or stupid. The reason doesn’t have to be a good one and the employer does not have to point to something that the employee has done that is wrong before the employer may fire the employee. For example, if an employer who is a big Oakland Raiders fan wants to fire an employee for showing up to work in a Denver Broncos t-shirt or hat, that termination would be legal as no law prohibits the employer from doing that in most jurisdictions (the notable exception being the District of Columbia, which has a law prohibiting discrimination by employers because of the employee’s appearance). The same thing applies here: the employer may terminate an employee for showing up to work giving off a pungent (and perhaps offensive) smell since no law prohibits the employer for doing that (other than very unusual circumstances where the smell might be caused by a disability of the employee and a the employer refused to provide a reasonable accommodation that might be available to deal with that).

    So yes, if she stays with you she needs to figure out how to purge herself of that pot smell before going to work or she may have trouble keeping a job. I think most employers outside the pot industry would have a problem with an employee coming in reeking of pot. So this is likely be a problem with most any non pot related job she might get.

  5. #5
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    Default Re: Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    Yes. I agree. There is no question on my part that it is a problem. I am not one of those who feels pot should be no problem to everyone. Thank you for the thorough response. I assumed the answer you provided is one I would get. Now it is just a hope that my decisions do not negatively impact the one I love.

  6. #6
    Join Date
    Jan 2015
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    Default Re: Can Smelling Like Cannabis Get Your Fired if You Don't Actually Use It

    Since it's a new job, as you announce, she's probably on probation at this job, and as such, they really can terminate for just about any reason. I'd suggest she air out her clothing, shower in the mornings, just before she leaves for work, and keep herself in the breeze for a while before showing up for work. They won't have much mercy, and will probably pretty much not care if they terminate her, since she is a probationary employee. Companies don't have much liability for termination of very new employees, even if they get approved to draw unemployment benefits after being terminated for a not so serious misconduct reason. If there's something about her, like that she constantly reeks of pot smell, that they don't like, whether she can pass a drug test or not, it will probably give them incentive to terminate her, even if they don't tell her that's the reason, or if they do.

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