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I need a lawyer

Discussion in 'Canadian Patients' started by Gquebed, Oct 5, 2017.

  1.  
    GroErr

    GroErr Well-Known Member

    Using your computer without a connection because it's being flooded by an army of bots is pretty difficult ;)
     
    Last edited: Oct 12, 2017
    dienowk, gb123, GrowRock and 4 others like this.
  2.  
    gb123

    gb123 Well-Known Member

    Makes sense its a chick
    Explanes her fatal attraction
     
    Last edited: Oct 12, 2017
    GroErr likes this.
  3.  
    The Hippy

    The Hippy Well-Known Member

    Somehow there was "bum" interest......I'm staying outta that.
     
    gb123 likes this.
  4.  
    gb123

    gb123 Well-Known Member

    poor Tom. RIP buddy.

    Fitting tune though for her.
    2:45 in
     
    Farmer.J likes this.
  5.  
    Gquebed

    Gquebed Well-Known Member

    So an update. I gave my employer the opportunity to reinstate me. They refused. So now I will file the complaint with the Alberta Human Rights Commission. They seem very supportive and very very eager to take this complaint. It has me curious. I believe they're looking for test case... Maybe.

    Up to now my employer has not even asked to see my acmpr papers.
     
    Rusher, TheRealDman, dienowk and 3 others like this.
  6.  
    GrowRock

    GrowRock Well-Known Member

    Good luck and I hope you kick there ass and set precedent peace buddy. If you have a go fund me page please post it lots of good folks here at riu would donate
     
    dienowk, Gquebed, GroErr and 2 others like this.
  7.  
    Farmer.J

    Farmer.J Well-Known Member

    I really hope this works out for you, its terrible that people can take away your job even though you are abiding by the laws. It would also be nice to know that being a med patient in Alberta is ok rather than feeling like a criminal hiding in the shadows.
     
    Gquebed, GroErr, GrowRock and 2 others like this.
  8.  
    The Hippy

    The Hippy Well-Known Member

    And i'd bet that the folks who did that to you have booze in their homes.....dirty hypocrites.
     
    Gquebed, GroErr and GrowRock like this.
  9.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    The Alberta Human Rights Commission complaint is a good move, but you need to also file a complaint with Alberta Employment Standards. In BC you are required to exhaust all over avenues before they will look at the human rights complaint. It may be different there, but I would contact employment standards and get that going ASAP. The fact that they refused to look at your papers is proof of their failure to accommodate and wrongful dismissal. It might not be a bad idea to find a lawyer, who will work on a percentage, at this point. You have a claim against the employer for damage to your dignity and reputation on top of the wrongful dismissal. Do some digging and find out who within the company is now aware of your mmj use as a result of this. Make the fuckers pay.
     
    dienowk, Gquebed, WHATFG and 4 others like this.
  10.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    Can You Be Fired For Using Medical Cannabis?
    28 March 2017
    Resources, Tips and Tricks
    One of the most common questions our Canna Geniuses get is this: “can I be fired for having cannabis in my system, if I have a prescription?”

    This is a complicated subject, so we’re going to break the article down into two points:

    • What the law and experts say about the subject
    • Strategies for talking to your employer or HR department about your prescription
    What’s the law say about cannabis and work?
    According to the Human Rights Code of Canada, employees cannot be discriminated against based on several criteria. Two of these criteria are relevant to us: physical disability, and mental disability.

    The Alberta Human Rights Act prohibits discrimination in employment based on the protected grounds of race, colour, ancestry, place of origin, religious beliefs, gender, age, physical disability, mental disability, marital status, family status, source of income and sexual orientation. (You can read more about the protected grounds.) Employers can create an inclusive workplace by ensuring all employees are treated with respect and given the opportunity to participate in all aspects of the employment process without discrimination.This includes removing discriminatory barriers that prevent individuals from getting a job or promotion; accommodating employees who have special needs; and ensuring that the work environment is free from discrimination.

    The short of it is that discrimination based on disability or illness is not allowed. In that same vein, you cannot be discriminated against based on what medications you take for said disability. However, your employer CAN factor in impairment, which is slowly becoming the focal point of the cannabis at work debate. This excerpt is from Alberta Advisory Committee on Impairment in the Workplace’s 2003 paper Addressing Workplace Impairment in Alberta:

    Impairment is a disturbance of the body or mind and all related functions from any cause that results in an unacceptable risk of an individual being unable to safely perform a task at work. The point at which this disturbance in function becomes an unacceptable risk in terms of job performance depends on the job at hand and its hazards.

    Essentially, it becomes up to employers and employees to evaluate, task-by-task, what defines an ‘unacceptable risk’ on the job.

    One the best summaries of the situation comes from an article in Canadian Lawyer Magazine, and is written by Peter Straszynski. Here’s the excerpt:

    On the one hand, employers must have policies in place permitting the medical use of marijuana in the workplace where supported by appropriate medical evidence, as a form of accommodation. On the other hand, employers continue to have the right to prohibit impairment on the job, particularly in safety-sensitive positions. Where an employee claims medical need for marijuana, the request will have to be treated in the same manner as any other request for medical accommodation.

    That request for medical accommodation means that medical cannabis patients will need to be ready to provide a plethora of evidence to their employers, possibly including:

    • Medical documents
    • Doctor’s notes
    • Proof of a need to medicate during the workday, because at-home use alone will not suffice
    • Proof of a need to use a THC or THC:CBD strain, and not a CBD-only strain
    In the article referenced above, Straszynski writes about creating an ‘impairment testing framework’. This is a great segue into the next section of our article:

    Strategies for speaking to an employer or HR about your medical cannabis
    When it comes to marijuana in the workplace, nothing is black and white. When our patients ask if they’re protected, 100%, simply by being a medical patient, we have to answer ‘no’. Impairment on the job remains a valid reason to be let go and the the reality is, subject to your employment contract, you can be fired at any time. Keep in mind that not all terminations are legal and in the event of an illegal firing, you’ll be left with the choice to contact the labour board, sue, or walk away. If your legal efforts result in a re-instatement, you’ll be back working for an employer that tried to dismiss you – which is awkward at best.

    For these reasons, it may be a better option for patients to take the high road, and have an honest dialogue with their employers about their medical cannabis. HR professionals are usually excellent at having confidential discussions about impact of medication and accommodating employees when needed.

    Below are some points that we encourage our patients to remember during this dialogue. Keep in mind that these points may not apply to you if you went with a different clinic, and that you have no legal backing if your medication was procured through a dispensary.

    • Know, and be able to prove, that your cannabis was prescribed legally under the ACMPR by a doctor licensed in Alberta. (Both of our staff doctors work at family practices as well – a point which can give your employer more confidence in the clinic that prescribed your medication). This is a situation in which getting prescribed through ‘the Weed Clinic’ will be a blow to the perceived legitimacy of your claim.
    • Know the THC and CBD levels of the medication you’ll be taking. If your condition is treatable with CBD alone, then you’ll be able to let your employer know that the medication prescribed has no psychoactive (impairing) effects. If you are planning to make a case for THC use during the work day, it makes sense to show your employer that you have access to lower-THC strains, or blends, which have less impairing effects during work hours than high-THC strains.
    • Know what smoke-free intake options are available to you. Your employer is likely far more comfortable with a team member using a pills or oil over a joint or bong.
    • Know, in advance, what functional impairments your employer may be concerned about. For example, if you work in a warehouse, your employer may be concerned about operating machinery, or dropped products. Be prepared to discuss a framework for judging impairment as it relates to your daily duties.
    • It’s important to be able to educate your employer on the nature of THC testing. Alcohol, for example, leaves your body rapidly, while THC can stay in your system for weeks. A drug test for cannabis is a very poor indicator of impairment, which is why it makes sense to proactively to come up with an impairment framework. Having a discussion about THC up front is a far better means of getting to this topic than a failed THC test.
    Conclusion:
    As our understanding of, stigma towards, and access to medical cannabis evolves, employers and employees will continue to find themselves trying to moderate workplace cannabis use largely on a case by case basis. Perhaps in the future, we will have a fast, easy, and inexpensive way of assessing impairment on the job. Until then, we firmly believe that an open dialogue with your employer is the best policy. When it comes to intoxication, or perceived intoxication, at work, forgiveness is not better than permission.

    Thoughts? Something to share? Please drop them below.
     
    coppershot and GroErr like this.
  11.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    I’m using medical marijuana, and now my employer won’t let me work

    Daniel Lublin and Greg Chung-Yan
    Special to The Globe and Mail
    March 25, 2017 June 28, 2015
    The Question

    I have worked for a large company for over 16 years. I have had two serious car accidents, one in 1997 and the other in 2012, resulting in chronic low back pain.

    In September, my doctor prescribed me medical marijuana as my medications weren't working effectively. I feel much better with it.


    However, my employer has since refused to accommodate me and put me on a paid leave of absence because of the medical marijuana, saying that because I work in a safety-sensitive position they do not have another role available for me.

    In January, they made me do an independent medical exam by their doctor, who of course said I should try other medications and that I am not fit to work in a safety-sensitive position. I have said I am willing to work in any other position but they refuse to allow me. I asked my union to file a Human Rights complaint but they refused. I hope to file one on my own. I'm sure this big company has other jobs that would accommodate me. What's your advice?


    The First Answer

    Daniel Lublin

    Employment lawyer, Whitten & Lublin, Toronto

    Human rights laws protect employees who are prescribed marijuana for a variety of health concerns. Therefore, employers have a legal duty to accommodate employees with marijuana prescriptions, which means making necessary and appropriate adjustments to the workplace to allow them to continue to work. However, there are some well-established limits.

    Accommodating an employee with a marijuana prescription does not require an employer to incur unreasonable expense, significant disruption to its business or to endanger the safety of other employees. This is especially so where the employee works in a safety-sensitive position and there is medical evidence that their ability to perform that job is compromised through the use of marijuana. For example, it is illegal to operate heavy machinery or a vehicle under the influence of marijuana. In these situations, an employer should refuse to allow an employee to perform any work that could endanger their colleagues or themselves.


    In your specific case, your employer may be justified in refusing to permit you to work in a safety-sensitive role while using marijuana. But there may be more that it can do than leave you on a paid leave. It should explore providing you with work in any vacant roles you are qualified for, retraining you for others, or consider shuffling various duties around to provide you with meaningful work. If it is outright refusing to engage in this dialogue, then consider a human rights complaint.
     
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  12.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

    I was fired for using medical marijuana. What are my rights?

    Bill Howatt and ROBERT WEIR
    Special to The Globe and Mail
    April 10, 2017 January 16, 2017
    THE QUESTION

    I did not inform my employer during a job interview that I used prescribed medical marijuana, but did ask our crew leader during my second shift if I could use it to combat pain I was feeling from walking all day (because of torn labrum in both hips). I explained that there is no THC in this marijuana – CBD only – so essentially it's impossible to be "high" or intoxicated. She was more than okay with me using the medicine, but after my second day on the job, her boss sent me a text message terminating my employment. What are, or were, my rights in this situation?

    THE FIRST ANSWER


    Robert Weir

    Partner, Borden Ladner Gervais LLP, Toronto


    Whether we are school bus drivers, brain surgeons or lawyers, our employers are generally and reasonably entitled to expect we are not high when we come to work, no matter the source of impairment.

    That does not change just because an employee has a marijuana prescription. This employer should have asked itself: can the employee perform their duties safely and productively while taking this medication? The employer, likely, does not know much about THC (tetrahydrocannabino) or CBD (cannabidiol). It is, however, obligated to better understand this employee's claim that it is impossible to be high or intoxicated. The employer may need to seek expert medical advice on this, just as if it were trying to understand a complicated back injury that restricted an employee's ability to bend or lift.

    Even where there is some mild impairment caused by prescription medication, an employer must decide if there are ways to accommodate an employee if they are taking such mediation because of a disability. Again, the employer will have to consider issues of safety and productivity when conducting this assessment.

    If he had been given the chance, this employee appeared ready to assist the employer in better understanding the nature of this prescription medication. Just as an employer has an obligation to ask the right questions, an employee has an obligation to provide information to assist the employer in the accommodation process. Had the employer taken the employee up on this willingness to assist, they might have had a long and productive relationship.

    Also, having one's employment terminated by text message: not cool.


    THE SECOND ANSWER

    Bill Howatt

    Chief research and development officer of work force productivity, Morneau Shepell, TorontoFrom a human-resources perspective, medicinal marijuana should be handled in the same way as any other prescription medication. As long as the medication does not impair the employee's ability to function in any way, does not put anyone at risk, and there's a prescription from a licensed medical doctor, the employee cannot be discriminated against. However, different than other medications, both the employee and employer have the right to review how this medication impacts the employee-employer relationship.

    As a medical marijuana user, you must understand your rights. You also must adhere to the Health Canada standards for accessing this type of medication. It appears that you attempted to get an informal accommodation by disclosing your condition. However, supervisors cannot make medical accommodations on their own; they need to engage HR to ensure one standard is being used with all employees with the same need. How your situation was handled raises questions that are worth discussing with an employment lawyer.

    Accommodations are a two-way street. Employers can't dismiss requests for accommodations out of hand, and employees can't dictate what they want or how they want to be accommodated. Employers must do what is responsible and be ready to defend their decisions, as they may be tested.

    The number of medical marijuana prescriptions is increasing rapidly. While the law makes it clear that employees cannot be discriminated against, and have the right to use this form of medication, there still are practical day-to-day management considerations. As research shows a link between marijuana use and job accidents/injuries, employers will be challenged how to determine whether an employee has exceeded the safe-dosage level, and to assess the percentage level of the active ingredient tetrahydrocannabinol (THC).


    Training for managers will be important, as will be clearly stated HR policies that make it clear how and when accommodations will be granted.
     
  13.  
    VIANARCHRIS

    VIANARCHRIS Well-Known Member

  14.  
    GroErr

    GroErr Well-Known Member

    There's a good point there that although the HRC is a good move, and if they're eager to help that's a good thing. But additional angles would be a better option. I was thinking earlier that when I go up against any resistance, like CRA that's happened a few times, I go at them with every possible angle I can come up with so they have little to base their bull-shit rules on. So any option available short of spending a fortune on a lawyer would be a good thing. The more the better.
     
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  15.  
    coppershot

    coppershot Well-Known Member

    So @Gquebed how's it going? I hope that your employer has been reasonable and accommodating.
     
    Last edited: Oct 12, 2017
  16.  
    WHATFG

    WHATFG Well-Known Member

    As research shows a link between marijuana use and job accidents/injuries, employers will be challenged how to determine whether an employee has exceeded the safe-dosage level, and to assess the percentage level of the active ingredient tetrahydrocannabinol (THC).

    Show me the studies!
     
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  17.  
    WHATFG

    WHATFG Well-Known Member

    Don't forget about trying to talk about it at safety meetings...critical!
     
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  18.  
    Gquebed

    Gquebed Well-Known Member

    If it comes to that then ill get a fundme page up for lawyer expenses. But I have this funny feeling that the Alberta Human Rights Commission it's going to go to bat for me. And it's a really weird feeling that a government agency would actually do something. Lol

    But we'll see. Im too old and unlucky to suspect that i might get the one competent guy in the whole organisation...hahahah
     
  19.  
    Gquebed

    Gquebed Well-Known Member

    Thanks for the tip on the employment standards. I did wonder about it but it didn't come to me as a priority. I see now that would have been a mistake. Thank you.

    And I'm still looking for a lawyer....
     
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  20.  
    Gquebed

    Gquebed Well-Known Member

    Not at all. See above... Lol
    It now begins the Alberta Human Rights Commission complaint process. And it's pointed out to me that I should tend to employment standards as well.
     

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