Maxine Neuhauser, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Newark office, was quoted in NorthJersey.com, in “NJ Medical Marijuana: State’s Top Court Says Patients Can’t Be Fired,” by Stacey Barchenger.
Following is an excerpt:
New Jersey’s top court said Tuesday that medical marijuana patients can’t be fired just for failing a drug test, handing a win to patients across the state, including one man who says he was sacked from his job at a Ridgewood funeral home for using medical marijuana while off the clock.
The New Jersey Supreme Court ruling sends a message to employers across the state that they cannot fire employees simply for the use of medical marijuana while off duty, and that doing so can be challenged in court. The case started in Bergen County and the Tuesday ruling further defines protections for more than 70,000 medical marijuana patients across the state.
“The big takeaway here is employers must reasonably accommodate individuals who are legal users of marijuana in the state of New Jersey, just as they would have to reasonably accommodate an employee taking any prescription medication,” said Maxine Neuhauser, an employment lawyer at Epstein Becker Green in Newark and who has been following the case. “If the individual’s ability to perform the job is not impacted by their use of medical marijuana, then you can’t just fire them for a positive drug test.”