The Delaware Medical Marijuana Act (“DMMA”) provides broad protection to medical marijuana cardholders. Unlike most states, the DMMA does not allow employers to maintain and enforce zero-tolerance policies against medical marijuana use. While employers elsewhere can terminate any employee who fails a drug test, the DMMA prohibits a Delaware employer from terminating a cardholder unless it can show that the cardholder possessed or used the drug at work or was impaired on the job.
Juli Briskman, a Marketing Analyst for Akima LLC, was forced to resign from her position in October 2017 following her flipping off a Trump Motorcade. Ms. Briskman thought she was legally exercising her civil disobedience, but when the picture when viral, the situation became much more complicated. Continue reading
Workers’ compensation is a tough game, and it spares no one. But a recent decision from the Delaware Superior Court reminds us that there are some limits to when an employer can be held responsible for injuries occurring in out-of-office, work-sponsored events. Catch the details below. Continue reading
During the 2007-2008 school year, Ms. Kimble was employed as a cook and cheerleading coach at a high school. In December 2007, she took the cheerleaders on an overnight Christmas party held in a cabin located outside the county. The trip was not approved as was required by district policy. When administration learned about the trip, Ms. Kimble was instructed that all future out-of-county trips must have prior approval. Continue reading
Is discrimination ever legal? Most definitely. We all discriminate all day, every day. For example, nearly every morning, I discriminate against decaf coffee in favor the full-strength brew. The two pods are similarly situated right there in the rack. They brew in the same amount of time and cost the same. But I just can’t bear the thought of the decaf. Continue reading
Some people are real jerks. Anyone who deals with the general public for a living knows that this is an indisputable fact. For those who work in sales or service positions know that the theory “the customer is always right” can be a bitter pill to swallow. Every waiter, store clerk, and receptionist has had a moment where they had to swallow very hard to resist firing back at an irate and/or irrational customer who’s decided to take out his or her frustrations on whoever happens to be in their line of vision. Most of the time, it is not possible or not wise to fight back.
But, sometimes, it is. Continue reading
“More job-seekers are facing an added requirement: no smoking — at work or anytime.” That is the opening line of an article on USA Today’s Money website. I will defer to the news organization and the author of the piece but, to be frank, I have doubts about the objective veracity of that statement. I am certain, however, that this story is not a new one. Continue reading
Can employers refuse to hire applicants for their tobacco use? In most states, the answer is “yes.” Unless the candidate is applying for a job in a State with a “smokers’-rights statute,” an employer can refuse to hire candidates who smoke.
According to the Texas Employment Law Update, that’s exactly what one of North Texas’ largest employers has announced it will do. Baylor Health Care Systems announced that it will not hire or consider for hire any candidate who uses any nicotine product. This is additional evidence of a continuing trend in health care.
A new opinion from the Delaware Superior Court sheds light on when off-duty conduct justifies an employee’s termination for purposes of denying unemployment benefits. Because Delaware is an at-will state, it is well established that an employer may terminate an employee for off-duty conduct. However, an employer must have “just cause” for termination in order to avoid payment of unemployment benefits. The Superior Court’s opinion clarifies that an employee’s off-duty conduct must have a non-speculative impact on the employer’s business in order to constitute “just cause” for termination. Continue reading