ForumsWEPRWal-Mart Fires Cancer Patient for Legally Using Marijuana

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NoNameC68
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NoNameC68
5,043 posts
Shepherd

It may not be the latest news, but it's news none the less.

Joseph Casias was fired from Wal-Mart. Casias has sinus cancer and an inoperable brain tumor. To ease his pain, he was issued a medical marijuana card, which allows him to smoke marijuana legally. Marijuana was found in Joseph's system after he took a drug test. Wal-Mart fired him.

Source 1.

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  • 65 Replies
wajor59
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wajor59
909 posts
Nomad

Actually yeah.. You have a point I mean, what if the doctor prescribes him something else that's not marijuana.. Like pills.. Would they still fire him?


I think, drug tests are for one substance at a time? I'm sure though if you test positive for one substance for, obviously, another company that actually has a benefits plan for their employees, they would keep testing for other substances. Regardless, It would be great if Wal-mart has to pay this man for a long
time.
wolf1991
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wolf1991
3,437 posts
Farmer

The issue at hand is not the legallity of marijauna but whether or not Wal-Mart is right or wrong. And Wal-Mart is WRONG. The man may very well beable to file a wrongful dismissal claim against the company in a civil suit. If he does then he is almost sure to win because he did nothing that was strictly illegal. Wal-Mart may have a policy, but he was on doctors orders which trumps that policy.

Asherlee
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Asherlee
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Shepherd

Wolf, we always fail to forget that Federal laws can still have president over some state law. Even if your state says you can carry X amount of substance on your person without intent to sell, the DEA can still bust down your door.

Keeping that in mind, Wal-Mart win that civil suit every time.

Also, being that alcohol is legal, Wal-Mart could fire you for being a "drunk."

thepulse
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thepulse
61 posts
Nomad

The fact that Walmart fails like Metallica in a roomful of musicians has just been made 50x more concrete by this story. Shame on you guys.

wolf1991
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wolf1991
3,437 posts
Farmer

Even if your state says you can carry X amount of substance on your person without intent to sell, the DEA can still bust down your door.
Keeping that in mind, Wal-Mart win that civil suit every time.


Hey, keep in mind we're not all from America. I'm Canadian. And screw the dam feds, this man has done nothing wrong. I'm not supporting legal marijauna, in fact I'm against it, but I would like to point out that the moral issue is not the drug but the man who suffered because of some fucked up laws.
Moe
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Moe
1,714 posts
Blacksmith

Wolf, we always fail to forget that Federal laws can still have president over some state law. Even if your state says you can carry X amount of substance on your person without intent to sell, the DEA can still bust down your door.

Keeping that in mind, Wal-Mart win that civil suit every time.


That wouldn't help Wal-Mart, it was found in his blood, not his pocket.
Asherlee
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Asherlee
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Shepherd

It doesn't matter if it was in his pocket or in his system. It is still a federal issue at the end of the day, plus Wal-Mart is a public company.

Not to mention, do we know if the state this happened in was an "at-will" state? Because if that is the case then they do not need a reason to fire someone.

wolf1991
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wolf1991
3,437 posts
Farmer

It doesn't matter if it was in his pocket or in his system. It is still a federal issue at the end of the day, plus Wal-Mart is a public company.
Not to mention, do we know if the state this happened in was an "at-will" state? Because if that is the case then they do not need a reason to fire someone.


So you honestly believe that this man should suffer even more than he already is because of some stupid policy regardless of his rights and the fact that he did nothing wrong?
NoNameC68
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NoNameC68
5,043 posts
Shepherd

So you honestly believe that this man should suffer even more than he already is because of some stupid policy regardless of his rights and the fact that he did nothing wrong?


Hold on there! Just because someone points out a certain fact does not mean that they support it. All she was pointing out was that legally, Wal-Mart may have the right to fire him. Just because it's a right doesn't make it right. An individual/company's right and right (as apposed to wrong) are not the same.
Asherlee
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Asherlee
5,001 posts
Shepherd

NoName, speaks it! (Or types it, whatever!)

I do NOT support Wal-Mart's decision, in fact, I think it violates a very important civil right we should have if we followed the constitution a bit better.

Unfortunately, I can argue both sides pretty equally. WHERE IS MOE WHEN YOU NEED HIM?!

NoNameC68
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NoNameC68
5,043 posts
Shepherd

I'm going to express a few concerns.

When I first heard about this happening, I thought to myself, "Wow, this will take us one step closer to the legalization of marijuana." If marijuana was legalized, chances are he would never have been fired.

Another solution to the problem would be to pursued Wal-Mart to change their policies.

I'm honestly afraid that someone will try to create a new law to protect these people. I honestly don't think the government should get any more involved outside the court system.

Freakenstein
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Freakenstein
9,504 posts
Jester

I'm honestly afraid that someone will try to create a new law to protect these people. I honestly don't think the government should get any more involved outside the court system.


Which people again? And since it was legally using marijuana, shouldn't a suit against Wal-Mart be in favor of the patient?
Kyouzou
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Kyouzou
5,061 posts
Jester

I agree with Freak because after all he was smoking it for medical reason... It seems like wrongful termination because as far as we know he wasn't even smoking it while at walmart...

NoNameC68
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NoNameC68
5,043 posts
Shepherd

Which people again? And since it was legally using marijuana, shouldn't a suit against Wal-Mart be in favor of the patient?


I'm talking about people who smoke medical marijuana. I don't think a whole new law should be made to counter what happened. As Asherlee said, Wal-Mart had every right to fire him. I disagree with them firing him, but the fact of the matter is that the law is on Wal-Mart's side.

Rather than whining to the government to do something (such as creating a new law), we should complain to Wal-Mart that they were unfair and push for them to change their policy. We, the people, should tackle these issues, not the government if at all possible.
Asherlee
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Asherlee
5,001 posts
Shepherd

How do you get around "at-will" states, then? Granted, there are exceptions to this policy, but smoking marijuana doesn't fall underneath any of them.

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