Employer discriminated against me for prescription.

sunni

sunni

Administrator
Staff member
NorthernLass said:
Reality check time:

I guess the first question to ask is: which is more important - your ability to use mmj or your job.

Note that I did not ask which was correct, which was fair, or which was right.

The supervisor-wife above is correct. This company has rules, they like their rules, they live by their rules, and the rules are on their side. To top it off, they also have the provincial mining regulations on their side. From this day forward you will be under the eagle eye of HR for every little thing you do. Even if you win - or especially if you win.

It is possible to give up your mmj and return to work, while continuing a legal battle against the company. But it will be long and fraught. And in the end: what will you gain? You may gain a victory for yourself and other medical marijuana users, but you will be the one that pays the price.

As much as gains in this sphere require a number of people willing to step up and take one for the team, this is not something that can be advised in good conscience. Taking one for the team is usually extremely costly financially, emotionally, job-wise and family/relationship-wise.

Again: is it worth the price? Only you know the answer to that one.
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this is how i kinda approach these situations
 
G

Gmack420

Well-Known Member
Unfortunately this is a fight you'll never win. Your employer has the right to keep you off the job if you are using any perscription MEDS that can impair your ability to do your job even if you don't use them while on the job.
 
j0yr1d3

j0yr1d3

Well-Known Member
Drug testing is complete bullshit anyway. All it does is encourage use of harder substances since they metabolize faster. You can be coked out of your mind all weekend and pass a drug test within a few days, smoke a joint though and you're fucked for 4-6 weeks. Measuring "impairment" with magic numbers is also bullshit. I've been using cannabis since my teens and have a pretty high tolerance now, I'd certainly fail any sort of test just with all the residual cannibinoids in my system even if I don't use for days/weeks, how the fuck am I "impaired"? Sadly medical marijuana is not an accepted medicine and until it is employer's will have the upper hand when it comes to disputes like this. Will be many long, hard fights before employer's stop hassling people over this issue. Good luck to you in whatever course of action you choose.
 
cannadan

cannadan

Well-Known Member
these are always tough situations.....and you gotta pick your battles carefully...
insurance companies rule the roost ..as policy makers...so no matter what is in your best interest...
will be of little consequence to them....
(potash mine?)if your currently underground.....does the company have the ability to move you to an above ground office position....?
(not that you should have to entertain this idea....just trying to logic my way thru this....)
just a chance you could end up with better pay and less strenuous work load physically...
 
The Hippy

The Hippy

Well-Known Member
j0yr1d3 said:
Drug testing is complete bullshit anyway. All it does is encourage use of harder substances since they metabolize faster. You can be coked out of your mind all weekend and pass a drug test within a few days, smoke a joint though and you're fucked for 4-6 weeks. Measuring "impairment" with magic numbers is also bullshit. I've been using cannabis since my teens and have a pretty high tolerance now, I'd certainly fail any sort of test just with all the residual cannibinoids in my system even if I don't use for days/weeks, how the fuck am I "impaired"? Sadly medical marijuana is not an accepted medicine and until it is employer's will have the upper hand when it comes to disputes like this. Will be many long, hard fights before employer's stop hassling people over this issue. Good luck to you in whatever course of action you choose.
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Well said Joy...Bravo !
 
G

Gmack420

Well-Known Member
j0yr1d3 said:
Drug testing is complete bullshit anyway. All it does is encourage use of harder substances since they metabolize faster. You can be coked out of your mind all weekend and pass a drug test within a few days, smoke a joint though and you're fucked for 4-6 weeks. Measuring "impairment" with magic numbers is also bullshit. I've been using cannabis since my teens and have a pretty high tolerance now, I'd certainly fail any sort of test just with all the residual cannibinoids in my system even if I don't use for days/weeks, how the fuck am I "impaired"? Sadly medical marijuana is not an accepted medicine and until it is employer's will have the upper hand when it comes to disputes like this. Will be many long, hard fights before employer's stop hassling people over this issue. Good luck to you in whatever course of action you choose.
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True I saw lots of coke heads in the patch.
 
cannadan

cannadan

Well-Known Member
a base level could easily be obtained for a person who uses regularly....in other words if you were tested daily for a couple of months then your base line readings would reset your impairment values back to zero...
if you show up to work with off the chart levels....they determine impairment....
anything at your baseline would show regular use....in the 24 hour period...
its just about doing the survey numbers enough times to establish a pattern...
 
cannadan

cannadan

Well-Known Member
definitely is good enough....
I just try and think thru to some sort of conclusion....so he continues to earn a living without all the hassle
and constantly looking over your shoulder....
 
VIANARCHRIS

VIANARCHRIS

Well-Known Member
Gmack420 said:
Unfortunately this is a fight you'll never win. Your employer has the right to keep you off the job if you are using any perscription MEDS that can impair your ability to do your job even if you don't use them while on the job.
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Not true, Gmack. The employer cannot discriminate against someone for using a legal medicine or substance.. Beyond that, they MUST accommodate. Accommodation could mean setting guidelines ie. impairment at work, but they can not summarily dismiss you because of it. They need to PROVE impairment at work in order to have cause to take action. This is an easy open and shut win in a human rights tribunal, with or without a lawyer. If the employer wins in this case who are they coming after next? The guy who takes a couple of prescribed morphine every day or the guy who enjoys a beer or two after work? I've been down this road and it's hard to get people to look past the stigma of marijuana, but they are perfectly fine with opiates. I bet if the doctor had of prescribe cannabis is pill form there would be no issue. With my situation, after we had worked through the fact that I am legally protected from discrimination, the one sticking point was the smell. WTF? It is almost as if someone catching a whiff of pot smoke will somehow be damaged!
 
leaffan

leaffan

Well-Known Member
NorthernLass said:
Reality check time:

I guess the first question to ask is: which is more important - your ability to use mmj or your job.

Note that I did not ask which was correct, which was fair, or which was right.

The supervisor-wife above is correct. This company has rules, they like their rules, they live by their rules, and the rules are on their side. To top it off, they also have the provincial mining regulations on their side. From this day forward you will be under the eagle eye of HR for every little thing you do. Even if you win - or especially if you win.

It is possible to give up your mmj and return to work, while continuing a legal battle against the company. But it will be long and fraught. And in the end: what will you gain? You may gain a victory for yourself and other medical marijuana users, but you will be the one that pays the price.

As much as gains in this sphere require a number of people willing to step up and take one for the team, this is not something that can be advised in good conscience. Taking one for the team is usually extremely costly financially, emotionally, job-wise and family/relationship-wise.

Again: is it worth the price? Only you know the answer to that one.
Click to expand...
Nice post.
It makes me wonder why the doctor recommended to disclose this to HR.
 
bigmanc

bigmanc

Well-Known Member
Either way your going to leave a bad taste in there mouth. In my opinion, you did everything right. You disclosed it to them before you started. Problem is, your in the MMPR. Nobody knows what the fuck the MMPR is. From what i understand, your proof is a receipt. Health Canada is always in the news regarding MMJ. Now the old proof was directly from there Federal governing body but all you have is a receipt from a nobody, while thye are a LP people have been arrested for your same documentation. It should go farther, you should seek legal help. Your union should understand its your right to consume given to you by your doctor. Although they point to rules of Sask you can point them to rules of Canada. Federal will trump any other level and you do need to go file for a human rights tribunal.
 
The Hippy

The Hippy

Well-Known Member
I'm sure the company fears lawsuits if anyone is hurt while he is on shift. Someone else gets hurt and then they will say " well this guy over there was stoned ". imo it's about which lawsuit will be less trouble. A patient trying to get the right, or a injured worker with a Lawyer who is blaming others . Therefore the company will be fucked for allowing it. I don't really know. It just seem maybe this could be the situation.
 
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leaffan

leaffan

Well-Known Member
bigmanc said:
Either way your going to leave a bad taste in there mouth. In my opinion, you did everything right. You disclosed it to them before you started. Problem is, your in the MMPR. Nobody knows what the fuck the MMPR is. From what i understand, your proof is a receipt. Health Canada is always in the news regarding MMJ. Now the old proof was directly from there Federal governing body but all you have is a receipt from a nobody, while thye are a LP people have been arrested for your same documentation. It should go farther, you should seek legal help. Your union should understand its your right to consume given to you by your doctor. Although they point to rules of Sask you can point them to rules of Canada. Federal will trump any other level and you do need to go file for a human rights tribunal.
Click to expand...
You bring up some very good points...A licence is a lot different from a doctor's note.
 
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