While California has laws allowing the possession and use of a limited amount of marijuana for medical purposes, an employer of an employee who works mostly within the State of California can legally fire an employee for using medical marijuana.
For instance, if an employer suspects that an employee is under the influence of drugs and performs a drug test which concludes that the employee had marijuana, even if issued legally/medically, in his/her system, the employer can legally fire the employee based on the results.
The matter can be complicated if the employee claims that she/he was fired BECAUSE of his/her medical condition or disability, which is unlawful termination in California. The employee would have to prove that he/she was fired BECAUSE of their disability or serious medical condition and not BECAUSE they tested positive for use of medical marijuana.
As of the date of this writing (8/18/15), there are no laws which protect a California employee from being fired for medical marijuana use.
For instance, if an employer suspects that an employee is under the influence of drugs and performs a drug test which concludes that the employee had marijuana, even if issued legally/medically, in his/her system, the employer can legally fire the employee based on the results.
The matter can be complicated if the employee claims that she/he was fired BECAUSE of his/her medical condition or disability, which is unlawful termination in California. The employee would have to prove that he/she was fired BECAUSE of their disability or serious medical condition and not BECAUSE they tested positive for use of medical marijuana.
As of the date of this writing (8/18/15), there are no laws which protect a California employee from being fired for medical marijuana use.
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