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An Employee Can Be Fired for Using Medical Marijuana

8/18/2015

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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.      


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It is Illegal to Record Your Boss or Anyone Else During a Phone Conservation Without Their Consent.

8/9/2015

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              Many disgruntled employees ask if it is illegal to record their boss or a co-worker, etc. during a telephone call.   It is unlawful to do so unless they know you are recording the conversation and have given their consent.   An Illegally taped phone conversation cannot be used in court as evidence and may subject the person(s) who recorded the conversation to criminal charges.   It is not illegal to record someone who is speaking in a setting where they know that others can hear them such as in a public place where they have not expectation of privacy.

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    Kristine S. Karila, Employment Law Attorney has been practicing law in California since 1992.   She specializes in employment law.  Call for a free initial phone consultation  (949) 481-6909



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