Legal Question in Employment Law in California
denied from job
i have a prescription for the medical use of marijuana and also a prescription for marinol - i want to start a job, they had me do a pee test and it came out positive, i had my doctor verify my legal prescription -- do i have any rights, if they refuse to hire me because of this?
2 Answers from Attorneys
Re: denied from job
Such drug possession and use violates federal drug laws, a fact some local legislators would like to ignore. Thus, companies could deny employment to violators on several grounds, including safety issues and criminal conduct. You're not likely to find a judge and jury sympathetic to your claim that they 'have' to hire a drug user.
Re: denied from job
A creative lawyer may consider this case. The success may depend in large part on the type of employer and the nature of the job. Mr. Nelson is correct in stating, however- that it would be an uphill battle.
I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
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