Hire Image LLC

The New Jersey Appellate Division recently held that an employee could bring a cause of action against an employer under the New Jersey Law Against Discrimination (LAD) when he or she uses medical marijuana and is not attempting to use it at the workplace. The court found that this is not in conflict with the state’s Compassionate Use Act mandate that employers do not need to accommodate medical marijuana users in the workplace.   Wild v. Carriage Funeral Holdings, Inc. The court looked at the legislative intent and found that while there was no intent to expand employee’s rights, there was also no intent to destroy any rights already available under the LAD.  In this case, the employee was not seeking to use marijuana at work.  Rather, he sought for his employer to accommodate his legal use of medical marijuana outside of his job. New Jersey employers should revisit their drug free work policies and ensure they are in compliance with the New Jersey Law Agai...

In June, we reported that recreational marijuana will be legal in Illinois at  Hire Image , effective January 1, 2020. Under the law, called the Legalization Act, employers may still require a drug free workplace and may still prohibit employees from being under the influence of marijuana in the workplace or while on call.  The law also specifically mentioned the right of employers to discipline or terminate an employee who violates the workplace drug policy. While the law was clear in some instances, it also created some ambiguity in terms of causes of action, potentially increasing exposure for Illinois employers who test for marijuana and act on a positive test result.  As such, the Governor recently signed amendments to the Legalization Act into law.  Those amendments provide, in part: “Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:                ...

Effective January 1, 2020:  Residents of Illinois who are at least 21 years of age may use, grow, and possess marijuana for recreational use.  The law specifically addresses marijuana in the workplace in that it does not prohibit an employer from: Adopting a reasonable zero tolerance or drug free workplace policy or employment policies concerning drug testing, smoking, consumption, storage, or use in the workplace or while on call, provided that the policy is applied in a nondiscriminatory manner; Requiring an employee not to be under the influence of or use cannabis in the employer’s workplace or while performing the employee’s job duties or while on call; and Disciplining an employee or terminating employment of an employee for violating an employer’s employment policies or workplace drug policy. An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, ...

A former Amazon warehouse employee in New Jersey is suing the online retail giant after he tested positive in a random drug test for marijuana.  The marijuana was prescribed to him under the state’s medical marijuana program for an anxiety and panic disorder.  He disclosed this information to his employer after the positive test result and was asked to submit a request for accommodation at  Hire Image . He was then fired shortly thereafter for failing to notify the company that he was a medical marijuana user at the outset.  Despite Amazon’s policy to consider rehire after 120 days, the former employee found he was not eligible for rehire and is now bringing a lawsuit alleging disability discrimination. New Jersey recently amended its medical marijuana law at  Hire Image .  Under the amendment, employers are prohibited from taking any adverse employment action against a current or prospective employee based on that person’s status as a state-registe...

Join  Hire Image   CEO Christine Cunneen and the Northeast Human Resource Association (NEHRA) for NEHRA’s Webinar Series:  Don’t Let Your Compliant Background and Drug Screening Policies Go Up in Smoke on August 20 th  (1:00 PM EST).  This webinar will review best practices for staying compliant under federal, state, and local laws, as well as address employer questions and concerns with regard to evolving marijuana laws. Originally Posted:-  https://www.hireimage.org/hire-image-ceo-christine-cunneen-featured-speaker-nehras/

Hire Image  : Employers have long held the belief (and rightly so) that drug testing employees, both pre-employment and during employment, is an important tool in maintaining a safe and productive workforce.  This principle is especially true in high risk industries, such as healthcare or manufacturing. Multi-state employers already struggle with differing state laws governing when an employer can require an applicant or employee to submit to a drug or alcohol test.  For example, is reasonable suspicion required?  Is post-accident testing allowed?  What testing methodology is permitted?  Adding to these various state laws is the fact that, depending on the circumstances, an employee’s alcohol or substance abuse may implicate disability obligations under the Americans with Disabilities Act (“ADA”) and state discrimination laws, as well as rights under state or federal Family Medical Leave Act (“FMLA”) laws. A series of legal decisions limiting ...