An employee must understand what laws are there in his/her State about being fired from the job. In this scenario, the employee had two situations due to which he was fired from the position by his employer. The first situation is that the employee was using medical marijuana in the workplace. In this case, the employee can sue his employer if the State has passed the law to allow medical marijuana usage. But still, it is essential to keep in mind that various states have passed laws in favor of medical marijuana, but Federal laws are still against it. So, if the employee is in a country where even marijuana cannot be used for medical purposes, then she has no right to sue, but if the employer allows medical marijuana due to State law, the employee can sue her employer and may get the decision in his favor (CHANG, 2014). The other situation is that the employee has not allowed his supervisor to access her emails, which also had her emails in that particular account. In this situation, the employee cannot sue the company because when an employee uses the official version of the company or her emails on the company’s computer system, in both scenarios, she cannot challenge the employer if they fire her. For instance, if a company feels that a particular employee is leaking the company’s personal and confidential information through emails, then they certainly can ask for checking the emails, and if found guilty, they can fire an employee, and in such circumstances, the employee will not be able to sue her employer in the court for being fired.
Yes, you are right employees can sue his employer if the state allows medical marijuana. The employee should have to follow up the form’s rules and regulations if their organization is working in the country. State rules and regulations regulate all types of policies and regulations concerning the absentees, discrimination, employee’s safety and protection, and the firing process for employees. Employees should have information about these laws thus he can identify his rights in the workplace. Employers cannot fire a person instantly without a solid reason for the firing. Therefore, if medical marijuana was allowed legally employer fired him illegally.
Law regularity authorities have developed laws and regulations for the employee’s protection. Organizations are obliged to follow up the state government’s laws and regulations to remain sustainable in society. In this case, the employee is fired because of a violation of the medical marijuana rules and not allowing the employer to check his e-mails (Carlton, 2018). At the first employer does not have any right to check the employees’ e-mails and personal communications? if according to the employer-employee, is involved in illegal or unethical activities that can harm the organization’s reputation and business in which situation he can ask management to create a committee that investigates the suspected employees. While he cannot fire the employee without solid evidence of his criminal or unethical activities. The second reason is the use of medical marijuana in the workplace. According to my knowledge, medical marijuana is not a big deal for most of European countries’ working organizations. While if it was prohibited and forbidden under state laws, then the employee should avoid medical marijuana. The employee can only use against the employer if he was not involved in any illegal or forbidden activity.
Well, I agree with you some organizations and state governments allow their employees to use medical marijuana in the workplace. But in my views employees must get information about the state laws first. Law allows the smoking medical marijuana at the workplace but not during the working hours. In my views, the employer was right to fire the person who goes against the organization’s policies and rules. Employees are responsible for their work and personal communication. However, they should work according to the organization’s culture and policies if the employer was forcing him to show his e-mails then he can go to the regularity authorities.
- Carlton, D. (2018, 02 20). Medical marijuana in the workplace: Where do things stand? Retrieved 07 29, 2018, from www.hrdive.com: https://www.hrdive.com/news/medical-marijuana-in-the-workplace-where-do-things-stand/517229/
- CHANG, K. K. (2014). Can you get fired for smoking medical marijuana? Retrieved July 28, 2018, from http://fortune.com/2014/05/07/can-you-get-fired-for-smoking-medical-marijuana/