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Wal-mart weeds out employee

Discussion in 'The Okie Corral' started by TBO, Mar 17, 2010.

  1. TBO

    TBO Why so serious? CLM

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    Wal-Mart 'Sympathetic' to Man Fired for Using Medical Pot, but Won't Rehire Him

    A Walmart employee with sinus cancer and an inoperable brain tumor who was fired for using medical marijuana will not be rehired, even though the company says it is "sympathetic" to his condition.

    Joseph Casias, 29, was fired in November from a Walmart store in Battle Creek, Mich., after marijuana was detected in a routine drug screening that he underwent after he sprained his knee at work.

    Casias, who was the store's 2008 associate of the year, said he legally used marijuana to reduce pain associated with his disease and was never under the influence while at work.

    "I gave them everything," Casias told Wzzm13.com. "110 percent every day. Anything they asked me to do, I did. More than they asked me to do. Twelve to 14 hours a day."

    Casias, who has been collecting unemployment since his termination, reportedly received a notification this week that Wal-Mart was challenging his eligibility for benefits. But Wal-Mart officials will no longer object to Casias receiving those benefits, company spokesman Greg Rossiter told FoxNews.com.

    "This is just an unfortunate situation all around," Rossiter said. "We're sympathetic to Mr. Casias' condition, but like other companies, we have to consider the overall safety of our customers and associates, including Mr. Casias, when making a difficult decision like this."

    Asked if Wal-Mart officials were considered offering Casias his job back, Rossiter replied: "No, we're not."

    The Marijuana Policy Project, a Washington-based marijuana advocacy organization, has called for a nationwide boycott of all Walmart stores to protest Casias' termination.

    "MPP is asking shoppers to demand that Wal-Mart abandon its discriminatory policy of firing employees who are legal medical marijuana patients under state law," an MPP blog posting read. "We need to send a strong message to Wal-Mart and other businesses in medical marijuana states that it is not acceptable to fire sick people for trying to get better by following their doctor’s recommendation and obeying state law. Marijuana is a legitimate medicine, supported by science and protected by law in 14 states, including Michigan."

    Dan Korobkin, a staff attorney for the American Civil Liberties Union's Michigan branch, said Wal-Mart's action against Casias is unlawful and "shameful."

    "It's illegal to fire somebody for being a medical marijuana patient, and it's also shameful to punish somebody for treating their medical condition in a legal way," Korobkin told FoxNews.com. "As far as I know, Wal-Mart itself sells a lot of over-the-counter drugs and prescription medications."

    Korobkin said federal authorities have announced they will not enforce federal marijuana laws in states that have legalized its usage for medicinal purposes, including Michigan, and he's "cautiously optimistic" that Wal-Mart officials will reconsider Casias' termination.

    "Wal-Mart is a large corporation, but they don't supersede state laws," he said. "When the voters of the state vote to make the use of medical marijuana legal and protected, that is a law that binds even Wal-Mart."
     
  2. MO's Dink

    MO's Dink Giant Member

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  3. HerrGlock

    HerrGlock Scouts Out CLM

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    It's an illegal drug, whether you like it or not. There is no medical exception federally.

    Now he knows.
     
  4. NorthCarolinaLiberty

    NorthCarolinaLiberty MentalDefective

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    Walmart follows a strict procedure for any mishap out of the ordinary; all, of course, in accord with insurance guidelines:

    Slipping on ice in parking lot—close eyes and touch finger to nose
    Bumping customer with cart—walk straight line
    Forgetting to say ‘thank you’ to a customer—count backwards from 100
    Partially knocking down a display—breathalyzer
    Fully knocking down a display—pat-down search
    Missing single note in morning cheer—attitude interrogation
    Miss checking receipt of customer with 50lb bag dog food—full cavity search
     
  5. Sinister Paige

    Sinister Paige

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    But, it was passed at the state level.


    Depends on your view of the 10th.
     
  6. HerrGlock

    HerrGlock Scouts Out CLM

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    As of right now, SCOTUS has said the feds can regulate and restrict drugs regardless of state law. It doesn't depend on anything other than that. It's an illegal substance the guy used.

    next.
     
  7. MO's Dink

    MO's Dink Giant Member

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    It took a constitutional amendment to ban the use of liquor.Can you point out the amendment in the constitution that prohibits Marijuana use?
     
  8. Hines57

    Hines57 Simple Member

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    In other news, Walmart has reported a steep drop off in the sales of Twinkies and Doritos.
     
  9. TBO

    TBO Why so serious? CLM

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    :rofl:
     
  10. mitchshrader

    mitchshrader Deceased

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    I'm on WalMarts side on this one. Being allowed to take drugs and being employable aren't necessarily compatible. He very possibly will get an ambulance chasing shyster to negotiate him a pity settlement, adverse publicity has a cost.

    But his basic thesis of some sort of right to employability AND to smoke pot for pain is specious.
     
  11. groundhawg

    groundhawg

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    THC showing in a blood test and being "high" are two different things
     
  12. TBO

    TBO Why so serious? CLM

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    Do you support his "pain management" while on the clock?
     
  13. captainkronosVH

    captainkronosVH

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    I for one would have to be allowed to do drugs to work at Walmart. I'm not so sure pot would be strong enough.
     
  14. NRA_guy

    NRA_guy Unreconstructed

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    Just because a state or Federal law allows a person to smoke marijuana does not mean an employer is prohibited from firing someone who smokes it.

    You can get fired for violating company rules---not necessarily local laws.

    I.e., your employer can fire you for having alcoholic drinks at lunch time even though alcohol may be legal in the local area.

    And you don't have to be legally drunk to get fired.

    If the company has a policy of zero alcohol and they can prove that you have been drinking, they can fire you. (Proving that you drank alcohol might get difficult.)

    I am betting that all Walmart employees sign an acknowledgment that they understand they are subject to drug testing in the event of an accident and that a confirmed positive is grounds for termination.

    I predict that Walmart will win this one.
     
  15. goldenlight

    goldenlight

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    Doesn't THC stay in your system for weeks or months after using it?

    Without proving he was under the influence, it's like firing him because he tested 'positive' for alcohol, even though he drank 3 beers 12-15 hours earlier.

    A breathalyzer won't pick up alcohol in that case, but a blood/urine test almost certainly would pick up a tiny trace amount.

    There should be a legalized 'level' of THC that proves a person is high.

    That's my take, anyways.
     
  16. Bruce H

    Bruce H

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    He has an inoperable brain tumor, what is the point of hiring him at all. How long till he kicks? What will his actions be when the tumor reaches certain areas of the brain?
     
  17. Goldendog Redux

    Goldendog Redux Shut your mouth

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    I wonder if the guy had health insurance through wal mart. I am sure medical costs for the guy with the brain tumor were pretty high.

    MF
     
  18. ACKRITE23

    ACKRITE23

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    I'm beginning to see a trend here. An Olympian gets high and earns a record 8 gold medals. This guy gets high and he's employee of the year.
     
  19. Blitzer

    Blitzer Cool Cat

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    I know a guy that take 2700mg of an opioid while at work, legally. Should his employer draft a rule to fire him? :dunno:
     
  20. txmikenlisa1

    txmikenlisa1

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    Sadly the main reason Marijuana is illegal in the US by federal statute is money in Washington. The pharmaceutical companies whose sales would be effected by legalization manage to keep their voice and opinions in the ears and minds of the policy makers by dumping millions, if not billions, of dollars into private bank accounts, reelection funds, and various other "gifts and contributions".

    In addition the amount of cash squandered annually on a frivilous enforcement agenda is an added incentive to various agencies to lobby for a continued classification of Marijuana as a schedule 1 drug. Despite the fact that numerous studies by independent laboratories, universities, and research firms in many countries have shown numerous legitimate medical uses for THC. Particularly when it is extracted and used in uniform dosing regimens.

    The issue in the US is that the general public as consumers and patients within the medical system choose to remain ignorant of our options, advances in the field, and responsibility to be our own patient advocates. We are essentially acting as "Sheeple" by allowing our politicians and doctors to dictate what treatments they deem appropriate for us as individuals, based on what they see as appropriate for us as a group.

    If you disagree with medicinal marijuana for your own personal fundamental reasons that is perfectly fine. But your own opposition to its use in treatment of illness is not enough to negate its scientifically proven legitamacy as a true substance of medical benefit.

    If this guy was legally prescribed marijuana for a legitimate medical condition by a legally licensed physician in a jurisdiction allowing the use of medicinal marijuana, I really dont feel that he should be punished for it. There will eventually come a time (I think sooner rather than later) when Marijuana will be legalized on a federal level. It may have to happen state by state first. But the US can only keep its head in the sand about this issue for so long before it has to accept simple facts about the legitamacy of the medicinal use of marijuana/THC.