Conflicting federal, state and local laws on marijuana use raise tough questions for HR professionals. For example, should you require employees to submit to a drug test? And if so, when it is OK to fire someone who fails? How does medical marijuana factor in? Are workers entitled to accommodations?

A recent Nevada Supreme Court ruling provides insight. In this case, an employee was let go following a drug test that came back positive for marijuana. He sued his employer, alleging he was fired in violation of a state law that protected his off-the-clock use of recreational marijuana – a lawful product in the state. His suit sought damages, alleging the termination amounted to a common-law tortious discharge.

Slip and fall leads to drug test, termination

Danny Ceballos worked as a table games dealer at Palace Station in Las Vegas for more than a year. He never had disciplinary or performance issues – until he got fired, that is.

On June 25, 2020, Ceballos slipped and fell in the employee breakroom. As a result, he was required to submit to a drug test, which came back positive for marijuana. On July 16, the company fired Ceballos based on the positive drug test.

Ceballos sued, alleging that he:

• was not intoxicated or impaired during his June 25 shift
• did not use marijuana in the 24 hours prior to that shift, and
• was at home – not at work – when he used the marijuana that led to the positive drug test result.

The case reached the state’s highest court.

Court puts text of...

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