Pubdate: Thu, 28 Nov 2013
Source: Detroit Free Press (MI)
Copyright: 2013 Detroit Free Press
Contact: http://www.freep.com/article/99999999/opinion04/50926009
Website: http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Ed White, Associated Press
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MICHIGAN COURT TO TAKE LOOK AT JOBLESS PAY FOR POT USERS

The Michigan appeals court has agreed to hear two cases to determine
whether someone fired for using medical marijuana still can collect
unemployment benefits from the state.

Judges in Ingham and Kent counties have reversed decisions of a state
agency and ruled in favor of two people who sought benefits after
being dismissed. But the attorney general's office argues that the
2008 medical marijuana law protects people from criminal prosecutions,
not from adverse rulings in civil disputes such as jobless pay.

State law "recognizes that an employer has a valid interest in
maintaining a drug-free workplace," the state said in a court filing.
"Thus workers who are discharged for a positive drug test are
disqualified from receiving benefits."

The appeals court has agreed to hear appeals from the state in the
case of a forklift driver in Grand Rapids and a hospital employee in
Charlotte, southwest of Lansing. The issue isn't whether an employer
can fire a worker for medical marijuana use. Federal courts, in a case
involving a Wal-Mart employee, already have said that Michigan
businesses have that authority.

Rather, these cases deal with unemployment pay, a critical safety net
for someone between jobs.

Jenine Kemp, a CT scan technician, was fired at Hayes Green Beach
Memorial Hospital after a drug test in 2011 revealed marijuana. She
said she uses marijuana in food outside work hours to relieve chronic
pain from lupus, which attacks joints, and other ailments. Kemp has a
state-issued card.

"She never showed any signs of intoxication or being under the
influence. There was no indication she was using marijuana on the
job," her attorney, Eric Misterovich, said in an interview. "The only
complaints came when she talked about medical marijuana. That's what
prompted the drug test."

Ingham County Judge William Collette ruled in favor of Kemp earlier
this year, saying she used marijuana in a legal way and can't be
disqualified from getting unemployment benefits.

Rick Braska worked for Challenge Manufacturing Co. His use of
marijuana was detected during a routine test while he was being
checked for an ankle injury in 2010. He was registered to use
marijuana for back problems, but his bosses said the drug violated
company policy and he was fired.

"He was a good employee. There was no ill will at all," attorney Scott
Stuart said.

Michigan's unemployment agency granted jobless pay, but the Michigan
Compensation Appellate Commission reversed. In 2012, Kent County Judge
Mark Trusock overturned that decision on technical grounds.

No date has been set for arguments in the state appeals court. The
attorney general's office said much is at stake, especially for employers.

Unemployment pay, the state said, is not an entitlement "for all
persons involuntarily unemployed."
- ---
MAP posted-by: Matt