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ARTICLE · 27 OCTOBER 2017

Wrongful Termination: Will Deregulation Of Marijuana Be An Issue?

With the talks of marijuana being further deregulated by the government, it will be more accessible to employees, and it might soon be an issue in British Columbia workplaces.

CanadaEmployment and HR
Overholt Law
Overholt Law

With the talks of marijuana being further deregulated by the government, it will be more accessible to employees, and it might soon be an issue in British Columbia workplaces. Cannabis is consumed in different manners (including in the form known as marijuana), and how employers manage cannabis use by employees may determine whether they will face wrongful termination lawsuits. The details of imminent legislation to allow cannabis use will have to be carefully studied by employers to avoid the costs of such litigation.

In 2015, an employee of a logging company smoked marijuana during his breaks for pain relief as part of his management of pain caused by cancer. However, he failed to disclose this to his employer, and when marijuana was found in his truck after a collision with a moose, he was fired. The worker regarded this as wrongful termination and filed a complaint alleging human rights violations. In a subsequent lawsuit, the employer contended that the

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