Question
Jane represented John at a human rights hearing against John's employer, Acme Anvil Company. John alleged that he was fired due to his use of
Jane represented John at a human rights hearing against John's employer, Acme Anvil Company. John alleged that he was fired due to his use of medicinal marijuana to control his chronic pain. John never smoked at work and was careful not to smoke past 8:00 p.m. the night before he had to attend work (he generally worked from 8:00 a.m. to 4:00 p.m.). Unfortunately, the application was not successful. The tribunal's decision indicated that John had not submitted sufficient evidence to prove, on a balance of probabilities, that his employment was terminated because of his disability. Three weeks after the decision was released, a former co-worker gave John a copy of an email he had received the day before the hearing started in which the human resources manager advised all workers that anyone who tested positive for marijuana would be immediately terminated for cause.
What, if anything, can Jane do with this new information?
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