Are you able to fireplace an worker for authorized medical marijuana use in New York?
You possibly can, however you could find yourself paying some huge cash for it.
What occurred: Thomas V. Apholz, 44, a wastewater therapy employee in Amsterdam, New York was fired by Mayor Michael Cinquanti some three years in the past for testing constructive for hashish.
He was fired underneath the provisions of a “final probability settlement” that had been given to him when he screened constructive for hashish in 2017. The settlement included a clause noting that additional violations of town’s drug insurance policies may result in the firing, writes Instances Union.
See additionally: Can You Sue An Particular person State For Legalizing Hashish? This Group Thinks So And Goes After New York
Why it issues: “They couldn’t fireplace him quick sufficient,” stated Kevin A. Luibrand, Apholz’s lawyer. “They gave him a termination letter on a Monday that fired him the prior Sunday so he couldn’t current his prescription card.”
About one 12 months earlier than he was fired, Apholz turned a registered medical marijuana affected person; his medical doctors prescribed hashish for continual again ache. Legally consuming for medical causes within the type of a capsule on non-workdays or within the night at residence when his ache turned insufferable, Apholz determined to combat. He went to metropolis officers and defined his case.
What now: After a five-day trial earlier than state Supreme Courtroom Justice Rebecca A. Slezak, the jury reached its verdict: metropolis officers need to pay $191,762 to Apholz for discrimination and for violating state Human Rights Legislation. Moreover, Apholz will likely be allowed to use to the choose to order his reinstatement on the wastewater therapy plant.
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