Question
Scenario: Alan is an employee of a private business. He suffers from debilitating migraine headaches and blurred vision, so his doctor prescribes him medical marijuana.
Scenario:
Alan is an employee of a private business. He suffers from debilitating migraine headaches and blurred vision, so his doctor prescribes him medical marijuana. Alan is drug tested for work and fails. Alan explains his medical condition to his employer, but his employer is unmoved and warns Alan that if he fails the test again, he will be terminated. Alan, against his doctor's orders, stops taking his prescription. At work next week, Alan passes his drug test, but he also suffers from a fall at work brought about by his blurred vision and is terminated. Alan argues wrongful discharge under a theory of violating public policy. The employer argues that Alan's initial drug test falure and his inability to find a legal medication to prevent his blurred vision are valid reasons for his termination.
- What is the likely outcome and why? (ON LEGAL BASIS). Recall theRoe v. TeleTech Customer Care Mgmt., LLCcase.
- Taking the same facts as above, could an OSHA complaint could be brought against the employer. Why or why not?
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