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.