Which people again? And since it was legally using marijuana, shouldn't a suit against Wal-Mart be in favor of the patient?
Sorry guys, I'm rehashing this because I wasn't satisfied by how it wasn't resolved.
Employee works for Wal-Mart, goes to Doctor, Dr., tells EE(Employee), you've got cancer in your sinus',etc.
Let me write Rx for 'medical marijuanna'. When EE goes to the Pharmacy to have his Rx filled he has to present the proper paper work showing that:
#1 Rx is actually written by the proper Dr.
#2 EE actually works for Wal-mart and is actively covered under the group policy.
#3 cancer, as a diagnosis is covered under the group plan
and
#4 medical marijuanna is a covered Rx under the group plan
Come on people, you know that we all have to jump through hoops just to have our regular sinus medication filled.
Do you see where I'm going with this?
The paper-work this man must have been required to have completed before receiving his medical marijuana must be about 3-4 inches thick, by now.
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...
If I remember the articles. correctly, this man's report said that the drug test showed 'trace amounts of THC'. So clearly this man wasn't 'getting high' at work!
I would say that this man was discriminated against because, I'm basing my opinion on what I stated above with the 1st quote,
when the group health carrier allows/agrees that charges are covered under the group plan,
then
it no longer matters what the Employer says.
The second this man was fired, he had a valid claim against the group health insurance carrier!
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.
I say why complain to Wal-mart, forget them and sue the insurance company!
Because, with winning that law suit first, Wal-mart will whip out the fat check book, darlin' and this man will be set for life.
How could the law be on Wal-Mart's side, when the smoker did in fact legally use marijuana, has proof that the usage was legal, and was doing what the patient's doctor, as in hospital policies, told to do? Wal-Mart's employee policies are rules of their own, but theirs are like agencies. They cannot go against something that was legally applicable.
I agree to the first part, until you get down to the Wal-mart EE's part!
This is why I'm in favor of this man suing the insurance company that handles the group claims for Wal-mart, 1st;
because under the contract between the employer and the group carrier, when the group carrier signed the first check, approving the medical marijuana, they were agreeing that this EE was covered!
