An employer is free to fire or take other adverse action against an employee who uses marijuana at work or shows up under its influence.
My wife and I are over 60, and we both have conditions that are treated with medical marijuana. We both work at companies that do random drug tests. Can we be fired if we get tested and cannabis is detected?
It depends. Even though cannabis is legal in New York, an employer is free to fire or take other adverse action against an employee who uses marijuana at work or shows up under its influence — even if taken to treat a medical condition. The understanding is that marijuana use to address a health condition must occur when you are off the clock and at intervals that allow you to work when you are not under the influence.
Someone on my staff who works remotely has a second full-time job. I discovered his LInkedIn profile, and he has two current full-time roles listed. When I confronted him, he said that I’ve been happy with his performance, so why does it matter if he can juggle both? Can I make him quit his other job or fire him if he doesn’t?
You can fire him for stupidity. No one believes that they can work two full-time jobs simultaneously without telling the employers and think it is OK. He didn’t ask, he didn’t tell, but he put it on LinkedIn! You can require that he give up the other job or lose this one, or you can simply fire him. I’m not sure what he does or how long this has been going on, but I’m curious that you didn’t notice any impact on his performance or availability.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on
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