Joseph Casias, age 30, was an inventory control manager at Wal-Mart in Battle Creek, Mi, until 2009 when he was fired for testing positive for marijuana. Casias has cancer and an inoperable brain tumor and posses a medical marijuana card.
But on Friday, Judge Robert Jonker ruled that Wal-Mart has the right to fire any employee using marijuana. The laws of the state protect licensed users from being arrested, but that does not regulate employers policies banning the use of marijuana. In a 20 page decision, Judge Jonker said that it only bars authorities from prosecuting for marijuana use.
Scott Michelman, an attorney for the American Civil Liberties Union who is representing Casias, says that an appeal is planned. “A choice between adequate pain relief and gainful employment is an untenable one.”, Michelman said.
Casias, who was employee of the year at Wal-Mart in 2008, said he never used marijuana while on at work.
