if proposition 19 passes, would i be able to test positive on marihuana and not get fired from work?
or can i get a job even if i test positive on marihuana on the drug screening?
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Marijuana would still be federally illegal, so probably not.
It would be the same as turning up drunk at work now, your still fired
The correct answer is that you cannot be denied employment or fired simply for testing positive if Prop 19 passes. However you CAN be fired for being under the influence at work; the company would have to find a legitimate test of impairment and arrange to have it administered Or they could look at your bloodshot eyes, giggling, and non-sequitur responses and fire you and let you contest their observations.
Every company has the right to select it’s employees based on fair and reasonable criteria.
If your company can articulate WHY the use of marijuana would impair your ability to do your job, then you could definitely be fired for failing a drug test. Things like handling money, interacting with customers, etc…
Also bear in mind that most companies in California operate under the principle of “at-will” employment. Basically this means that you can be fired at any time, for any or no reason. If the reason was “wrongful,” ie) you were fired because you’re part of a protected class (race, religion, etc), as part of some sexual harassment, or as retribution — the burden of proof is on the employee, not the employer.