A number of states (nearly half) have now legalized marijuana for a variety of purposes including recreational use (Colorado and Washington). However, employers are frequently terminating employees for off-duty use despite laws which prohibit terminating employees for being terminated for using substances that are lawful to consume. In a number of appellate courts in several jurisdictions, including Colorado, the court’s have upheld terminations for off-duty conduct for the consumption of marijuana despite its lawful state status under the theory that it is still illegal Federally.
To what extent do you think that employers should be able to regulate otherwise lawful conduct by employees performed off-the-clock?
This topic was edited by Mark Moriarty