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The Law & You

I Was Fired After Testing Positive for Marijuana

The Law & You
February 5, 2018

The Law and You

I Was Fired After Testing Positive for Marijuana

A viewer wants to know if his employer can still fire him for failing a drug test even after he smoked marijuana legally in Colorado. Attorneys Ed Ciarimboli and Corey Suda have the answer to this question.

Dave Kuharchik: A viewer has a question about recreational drug use in another state. We’ll get to that tonight with attorneys Corey Suda, who’s here for Greg, and Ed Ciarimboli. Good to see you guys.

Ed Ciarimboli: How about that game?

Dave: Yeah, great game last night.

Ed: Unbelievable. Wild, wild game.

Dave: Hard to believe, the football season done for the year.

Ed: Yeah, you know, I’m glad it’s over.

Dave: Not a big football fan?

Ed: I am, I am, but I mean it goes on for a long time.

Dave: It’s a sign that spring is right around the corner. Let’s get to our question tonight. This is from Bill in Freeland. Bill says, “I was fired from a job recently because I tested positive for marijuana. I had some when I was in Colorado where it is legal. Can they still fire me?”

Ed: I had to look this up because this a very unique and interesting question. The answer is yes. They can fire you because the law, in Pennsylvania is that it’s not legal -even though there is new legislation pending, it is not legal. If you have drugs in your system, even if you didn’t smoke or ingest them in Pennsylvania, your employer can still fire you. Those drugs are illegal in the state of Pennsylvania, but that’s a really interesting question. I don’t know if you’d get fired by it, but you can get unemployment from it.

Corey Suda: Obviously, you want to contact an unemployment lawyer as soon as possible and have them fill out the proper paperwork. The forms really do matter in this; The reasons of why you’re not working really do matter. You could try and get out of unemployment but Ed’s absolutely right; Just because you did it in a state where it’s legal does not mean -doesn’t preclude- your employer from letting you go.

Ed: Yeah, that was a pretty interesting question.

Dave: And we love interesting questions, including those on Snapchat.

Ed: Absolutely. Some day. This year, 2018.

Dave: So social media, you could give the guys a call or check them out online. Don’t forget, results matter with Corey Suda and Ed Ciarimboli. Thanks for being here.

Ed and Corey: Thanks Dave.

Dave: and “The Law & You” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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