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Governor Andres Cuomo’s proposal for the legalization of recreational marijuana use essentially condenses into the following agenda:
Nevertheless, the debate rages on about how far reaching the effects will be within the school environment, impaired driving and ultimately, the workplace.
Along that vein, it is important for all New Yorkers to be aware of the risks of showing up to work under the influence of marijuana. As you know, if you show up to work under the influence of alcohol, and your employer has a substance abuse policy in their handbook, then you risk a disciplinary write-up at best, and termination at worst. The same rules apply to employee’s use of recreational marijuana. If you show up to work high, or light up outside your employer’s premises, employees run the same risks as with alcohol use. Certainly, it is a fine line to tread as there are no uniformly established THC levels that your employer can test to determine an employee’s level of impairment. Employers would therefore be given free license to make subjective judgments as to an employee’s level of impairment based upon smell, speech patterns, eye movement and dilation, delayed reactions, emotional state, short-term memory problems, among other physical symptomology.
It is a slippery slope at best, but an employer is within their rights to terminate employees with substance abuse violations. This is especially so in occupations involving physical labor and the use of a motor vehicle including drivers, delivery companies, waiters, warehouse workers, trades and any employees in the service industry.
The Van De Water Law Firm stands ready to serve you with respect to any employment issue, and our initial consultation is always free.