Fired for smoking weed? MI AG says you should still be unemployed
And they said your vote doesn’t count.
Because YOU (Michigan) voted to “legalize it”, now the implications of this vote could protect you if you get laid off and file for unemployment.
And Michigan Attorney General Dana Nessel strongly agrees.
You can hire and fire at will, but you can’t deny it.
Let us remember a few things about the state of Michigan. It is an “at will” state. What does that mean?
In general, an employer can fire an employee for a good reason, a bad reason, or for no reason. An employee can challenge his dismissal if it is based on a discriminatory action specifically protected by law. (michigan.gov)
The law is therefore on their side when it comes to firing you. For whatever reason. Even though they gave you a drug test to get the job and then fired you because they thought you were high or whatever.
As long as it wasn’t a discriminatory action, they can do it for any reason. So “at will”.
Now here’s the part where they CANNOT do anything based on you and your LEGAL off-the-clock use of marijuana.
First of all, it’s legal because the state of Michigan voted to LEGALIZE IT.
What you do in your time is up to you.
So if the weed has been legalized and you engage in the use of said legal product in your spare time, even if you are fired for some reason, your employer cannot and should not be allowed to deny you unemployment benefits because of this. .
Here is the legal speech of the GA:
… it should be logical that engaging in a legal activity which does not affect an individual’s work would be a poor basis for denying an individual the need to receive unemployment benefits. This applies to legal recreational use of marijuana, just like medical use of marijuana or any other legal activity for that matter. In 2018, the people of Michigan legalized the recreational use of marijuana. (michigan.gov)
This is the opinion of the Michigan GA. She wrote it in something called an amicus brief and you can take a peek at this story from our broadcast partners at WILX NEWS TEN, your breaking news and weather authority.
Please work and “enjoy” responsibly.
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