X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MAN’S DISMISSAL OVER DRUG TEST EARNS REVIEW Gary Ross’ pot case hasn’t gone up in smoke after all. On Wednesday, the California Supreme Court granted review ostensibly to decide whether Ross was wronged when he was fired by Ragingwire Telecommunications Inc. after he tested positive for marijuana during a pre-employment drug test. Ross claimed his doctor had prescribed pot for chronic back pain in accordance with the Compassionate Use Act passed by voters in 1996. He sued for wrongful termination, employment discrimination and breach of contract. He had been on the job for only eight days. Sacramento County Superior Court Judge Joe Gray ruled against Ross, and Sacramento’s Third District Court of Appeal affirmed in September. Justice Arthur Scotland ruled that employers “need not accommodate a disability by allowing an employee to use illegal drugs.” He also said that “permitting employers to fire, or refuse to hire, a person who exercises his or her statutory right under California law does not violate state policy created by the Compassionate Use Act.” Review of Ross v. Ragingwire Telecommunications, S138130, was granted by Chief Justice Ronald George and Justices Joyce Kennard, Kathryn Mickle Werdegar and Carlos Moreno � the court’s four moderates. � Mike McKee

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.