If I`m prescribed medical marijuana, is my employer allowed to fire or let me go because of my medication?

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If I`m prescribed medical marijuana, is my employer allowed to fire or let me go because of my medication?

Asked on June 19, 2009 under Employment Labor Law, Nevada

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That's a very interesting question, and the answer is going to depend on a lot of facts.  You're going to need to go through the whole case with an attorney in your area, for advice you can rely on.  One place to find a qualified lawyer is our website:  http://attorneypages.com

Under the federal Americans With Disabilities Law ("ADA"), most workers who have a disability, or who are or have been treated for a physical, medical or emotional illness or injury, cannot be discriminated against because of that condition.  Also, if a "reasonable accommodation," a relatively small change from the usual working conditions, makes it more possible for a worker with disabilities to manage, they have the right to that.  However, all of this depends on the worker still being able to do the job, whatever that might be.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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