Wal-Mart Fires "Associate of the Year"

[lame54]

Wal-Mart Is at the Center of a Major Legal Battle Over Pot Patients' Rights
Joseph Casias was wrongfully fired by Wal-Mart for testing positive for pot. Now the ACLU has filed a landmark lawsuit against the retailer that could alter the legal landscape
July 5, 2010 |
Earlier this week in Michigan, the ACLU filed a lawsuit against Wal-Mart that has significant implications for the thousands of seriously ill Americans across the country who legally use medical marijuana under state law, but still face employer discrimination because of the continued stigma attached to the medicine that brings them relief.

The plaintiff in the case is Joseph Casias, a 30-year-old married father of two, who was wrongfully fired from his job at a Battle Creek, Mich., Wal-Mart after he tested positive for marijuana following a drug screen. I emphasize the word "wrongfully," because Casias is a legal, registered medical marijuana patient in Michigan; he takes marijuana on the recommendation of his oncologist to help relieve the effects of sinus cancer and an inoperable brain tumor that was the size of a softball when diagnosed. This treatment--which Casias says relieves his symptoms more effectively than, and without any of the side effects caused by, his previous medication--became a legal option for Casias in 2008, after Michigan voters overwhelmingly approved a medical marijuana law that was drafted and sponsored by the Marijuana Policy Project. In accordance with that law, Casias never used marijuana while on the job, nor did he ever work under the influence of marijuana. In fact, during his time at Wal-Mart, Casias was able to rise from an entry-level stocking position to a managerial role, and along the way was named the store's 2008 Associate of the Year.

But Casias's diligence meant nothing to Wal-Mart. In clear violation of Michigan's voter-approved law, which states that medical marijuana patients "shall not be subject to ... penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business," Wal-Mart fired Casias simply because he had marijuana metabolites in his system, which says nothing about whether he was under the influence of marijuana at the time. Wal-Mart even had the temerity to challenge his unemployment benefits, though they retracted their opposition and issued a hollow statement calling the situation "unfortunate" after a barrage of protests that followed MPP's call for a nationwide boycott...

[The_Commonist]

1. Why anybody would work for or patronize...

...that evil company is beyond me.

Yeah, yeah, I know, I know... It's cheap, it's the only game in town, the closest rival is 20 miles away, the prices are low...

:puke:

[howaboutme]

3. I rarely ever shop there

I refuse to support what I firmly believe to be an enemy of the people, importer emeritus and cheerleader in the rush to the bottom for most Americans.

America has become a nation of debt, of poverty and you only need visit a Wal-Mart and the dollar stores to see proof of that. Wal-Mart was the catalyst of our downhill slide, not result of it.

[hobbit709]

8. Sometimes you take whatever job you can get.

not everyone has the luxury of picking and choosing where they want to work.

[Statistical]

2. Seems like the perfect test case.

Companies will only respond to precedent. If he wins and collects an 8 figure check other companies will go "hey if we fire this medical marijuana user it will cost us a cool million....... ...... ...... maybe we shouldn't fire him".

[formercia]

4. It takes assholes to make things change.

Assholes nowadays have no finesse.

[michreject]

5. I read some more about this yesterday

Walmart stated that they set their employment standards under federal law and that marijuana is illegal under federal law.

This one is going to be interesting.

[Fumesucker]

6. And Obama likes it that way..

http://en.wikipedia.org/wiki/Gil_Kerlikowske

Richard Gil Kerlikowske (born November 23, 1949) is the current Director of the Office of National Drug Control Policy, a position generally referred to as the United States "Drug Czar". He assumed office on May 7, 2009.

(...)

In a May 22, 2009 interview on KUOW radio, he said any drug 'legalization' would be "waving the white flag" and that "legalization is off the the charts when it comes to discussion, from my viewpoint" and that "legalization vocabulary doesn't exist for me and it was made clear that it doesn't exist in President Obama's vocabulary." Specifically about marijuana, he said, "It's a dangerous drug" and about the medical use of marijuana, he said, "we will wait for evidence on whether smoked marijuana has any medicinal benefits - those aren't in."

[1776Forever]

7. My middle son just went into the hospital because of bad reaction to IVIG treatment.

He has progressive MS and nothing else helps him but the IVIG is a very invasive treatment. It would be such a blessing if he could try pot as a way to relive his terrible tremors and pain! If anyone of those Wal-Mart pucks had a loved one or themselves go through that they would be in the front of the line to make it legal!

IVIG:

http://en.wikipedia.org/wiki/Intravenous_immunoglobulin

Intravenous immune globulin (IVIG) is a blood product administered intravenously. It contains the pooled IgG (immunoglobulin (antibody) G) extracted from the plasma of over one thousand blood donors. IVIG's effects last between 2 weeks and 3 months. It is mainly used as treatment in three major categories:

Immune deficiencies such as X-linked agammaglobulinemia, hypogammaglobulinemia (primary immune deficiencies), and acquired compromised immunity conditions (secondary immune deficiencies) featuring low antibody levels.
Inflammatory and autoimmune diseases.
Acute infections.

[mike_c]

9. good!-- several DUers argued authoritatively that Michigan law...

...supported WalMart in this case, not the fired employee. They quoted the statutes and argued about them endlessly. They ACLU apparently disagrees.

My money's on the ACLU.

[michreject]

10. Mine is on the federal laws

winning over state law.

[jmowreader]

11. Mine is on the corporation winning over common sense

And this is ANOTHER reason why we need an intoxication test for marijuana. There should be no question of the terminated associate getting his medicine without worrying about his job, but Walmart disagrees.

Now...let's assume we had a LIBERAL president who decided "enough was enough, I'm tired of wasting all the jail beds we need for Republicans on pot smokers" and legalized marijuana. Walmart would respond by having a whole aisle of bongs, papers, blunt wrappers, growing equipment, bedding plants, seeds, "how to grow your own weed" books and a huge display of every kind of marijuana you can think of at the register they sell cigarettes at. They'd go from what they are right now to America's leading pot dealer, and it would take them about a week.

[lame54]

12. .

[knitter4democracy]

13. My hometown. Everyone I know is rooting for the guy.

Not Walmart. He was a good worker, and Walmart's just being stupid. Sure, they can easily replace him, given the high unemployment here, but why get rid of a good worker? Is this really more about the injury on the job than the marijuana?