How can a company possibly terminate an employee


Problem

Consider this: 19 states in our union have "legalized marijuana for recreational use" which includes Michigan. Furthermore, several other states have some form of legalization for medical purposes or decriminalization laws currently on their books. With that said, many organizations test for "illegal substances" either prior to or during employment. There are those that even test for tobacco use, considering tobacco to be harmful. If evidence of drug use is found in an employee's system, an employee might be fired regardless of the state laws or prior legal precedent. If the company declares tobacco and/or marijuana to be off limits to its employees, the employee may be fired if found to be violating the company policy on their respective consumption or use.

A. Is it fair to penalize the employee who is a "recreational user" who lives in or visits one of the legalized states for using marijuana? Why? Be specific.

B. Tobacco is legal in all states yet there are organizations that will terminate employment if tobacco is found in an employee drug screen. How can a company possibly terminate an employee for using a substance that is completely legal?

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