Judge rules Walmart can not fire employee who tested positive for pot

February 14, 2019

Feel you have been discriminated against at work?


A federal judge has ruled against Walmart in a recent lawsuit, after they terminated an employee whose drug test came back positive for marijuana. The employee, Carol Whitmire, was working at an Arizona Walmart when the incident occurred. U.S. District Judge James A. Teilborg ruled that the company violated the nondiscrimination provision in the Arizona Medical Marijuana Act.

 

Whitmire had worked for Walmart for eight years, and suffered an injury on the job in May 2016. According to the suit, she had been moving bags of ice when a bag fell on her wrist. She was taken to urgent care, where she was administered a drug test in accordance with Walmart policy. She reportedly informed the Walmart human resources department of her cardholder status shortly after the incident and continued working with the company through early July. She was then suspended due to the urine sample results and fired on July 22. Whitmire says she uses marijuana to treat her arthritis. She filed a discrimination charge against Walmart with the Arizona Attorney General’s Office and the EEOC in 2017. She also sued for wrongful termination and discrimination months later.

 

Read more about the lawsuit and the decision here.

 

 

Ultimately, receiving legal advice gives you the additional benefit of proper counsel as well as more equal footing in the lawsuit battle.

 

At the law offices of Verner Smith, we have handled hundreds of cases over the decades, and will be glad to review your potential case. Contact our main office at (731) 423-1888 today.

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