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  1. #61
    Join Date
    Oct 2016
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    4,284

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Quote Quoting Harold99
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    I agree that this thread is beyond the original topic. I think you would also agree that if a person fought a DUI in court, that the prosecution would have much more than the officer's observation of a FST, or lack thereof. He would have the testimony of where the defendant came from, what other witnesses observed of the defendant, whether he was drinking, there might have been a traffic accident, injured people, etc. It would ALL be used against him...not just observation at the scene. So it is impossible to say what evidence convicted him.

    All I am saying is that the prosecution would have much more evidence than a FST or the defendant sitting on the curb refusing all interaction.
    Attention Readers,

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. *It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it.

    For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

  2. #62
    Join Date
    Feb 2020
    Posts
    683

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Quote Quoting PayrolGuy
    View Post
    Attention Readers,

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. *It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isnít being banned. Hopefully, that will change in the future but for now, we have to live with it.

    For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.
    Attention Readers:

    Payrolguy is being a troll on this site by stalking other members. He is currently breaking a site rule on stalking and actively pursuing me by repeatedly littering these threads with the same above message in a childish and prohibited attempt to stop me from posting.

    Unlike Payrolguy, I have not broken any site rules. No rules exist on being critical of an OP and/or a member as we can comment on whatever we wish. The 'ignore button' is available for issues like his.

    Please forgive Payrolguy's childish and forbidden posting behavior as this plays out.

  3. #63
    Join Date
    Mar 2013
    Posts
    18,229

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Notice to readers: Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it. For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

    Hmm, what will he say about adjusterjack?

  4. #64
    Join Date
    Feb 2020
    Posts
    683

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Quote Quoting adjusterjack
    View Post
    Notice to readers: Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isnít being banned. Hopefully, that will change in the future but for now, we have to live with it. For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

    Hmm, what will he say about adjusterjack?
    Attention Readers:

    Payrolguy and adjusterjack are being trolls on this site by stalking other members. He is currently breaking a site rule on stalking and actively pursuing me by repeatedly littering these threads with the same above message in a childish and prohibited attempt to stop me from posting.

    Unlike these guys, I have not broken any site rules. No rules exist on being critical of an OP and/or a member as we can comment on whatever we wish. The 'ignore button' is available for issues like his.

    Please forgive these guy's childish and forbidden posting behavior as this plays out.

  5. #65
    Join Date
    Oct 2014
    Posts
    8,199

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Quote Quoting Harold99
    View Post
    It would ALL be used against him...not just observation at the scene.
    Sometimes the observations at the scene are all that the state has. And I gave you a couple of those cases. Since that was all that the state presented, it is possible in those cases to say what convicted them. Yes, those observations included more than just how the defendant did in a FST, but the state had nothing more than the cop observations of the defendant. How the defendant was driving before the stop. How the defendant looked and acted after the stop. And the results of the FSTs, if any were given. All those are simply observations by the cop. You may not like that the state can win on just that, but as the court in one of those cases stated directly, the testimony just by the cop, if believed by the jury, is good enough for a conviction.

    That said, as I said before, most alcohol DUI cases will have a chemical test and there may be additional evidence of the sort you mentioned, like testimony of others that the defendant had been drinking/doing drugs before driving, admissions by the defendant, etc. But there are some cases where the cop's observations alone have been good enough. And indeed I've seen a couple of those trials myself.


    Quote Quoting Harold99
    View Post
    All I am saying is that the prosecution would have much more evidence than a FST or the defendant sitting on the curb refusing all interaction.
    Depends on what you mean by much more. I'll agree, though, that the prosecution is almost certainly going to have more than just the FST.

  6. #66
    Join Date
    Jan 2016
    Posts
    468

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Attention posters:

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it.

    For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

  7. #67
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    200

    Default Re: Can I Be Fired for Drug Use Without Failing a Drug Test

    Quote Quoting Uneducated
    View Post
    My question involves labor and employment law for the state of: Pennsylvania

    Thank you to anyone who takes the time to respond. I'm leaving out details of how exactly I got in this situation as I don't want to make a really long post here, if anyone thinks the details are important please ask and I will provide. As it is I'm just going to stick to facts.

    I have a medical marijuana card for the state of Pennsylvania and I realize that does not protect me from being fired should I fail a drug test. It's a risk I regret taking and wish I could take back that decision. If you want details as to why I have the card I would be glad to supply, but please take my word for the fact it was not for recreational purposes. I guess it doesn't matter why I have it, it just matters THAT I have it.

    The bill passed in PA states I cannot be discriminated against (read: fired) just because I have the card. I understand that to mean that if my employer finds out I have the card they can't do anything about it unless I am under the influence at work, my performance drops or I fail a drug test. Please correct me if I am wrong on that.

    I have a non injury condition in my neck that has recently led me to get surgery on it. I needed time off of work obviously, not much, but still had to apply for a leave from work. As part of the request I had to (or at least was lead to believe I had to) sign a release for that the people processing my claim for short term disability that they could access my medical records.

    Even though my use of medical marijuana was very limited (and not something I'm continuing) I was told it was vital to share that information with the anesthesiologist. When I mentioned it he already knew about it despite me not sharing that information with anyone besides my wife. I did not tell the doctor yet they knew. I really don't care that they knew except if that information is shared with the people who managed my claim I am afraid my employer will find out.

    The question the anesthesiologist asked me was when was the last time I used it to which I replied over 10 days ago. The nurse in the room immediately recorded that information into her computer. Thus my concern someone will see that information at my employer.

    My question is can I be fired for admitting to the anesthesiologist my use of medical marijuana? Is that enough proof for my employer who has a zero-tolerance policy to terminate me? Is that merely enough to send me for a drug test (enough time has passed that I will not fail the test)? If I pass the drug test am I safe from termination?

    I really wanted to keep this shorter than I did and I am sure I left something important out so please ask if details are needed.

    I've been there 24 years and am in good standing and this will shock my boss if he finds out. This is not the type of company where honesty is the best policy so simply telling them is not a good idea. I go back to work tomorrow and am worried that when I walk in I will be walked right back out.

    I know laws around medical marijuana are vague at best in some state so I do appreciate any light that can be shed on this for me with the understanding that it's a difficult subject.

    Thank you
    The sad thing is yes. Your employer can terminate you for admitting to the anesthesiologist about your use of marijuana. Your employer can terminate you for appearing to be under the influence of marijuana.
    "If it's too good to be true, then it most likely is."

    Do not put spam in your signature.

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