Jump to content


Welcome to DBSTalk


Sign In 

Create Account
Welcome to DBSTalk. Our community covers all aspects of video delivery solutions including: Direct Broadcast Satellite (DBS), Cable Television, and Internet Protocol Television (IPTV). We also have forums to discuss popular television programs, home theater equipment, and internet streaming service providers. Members of our community include experts who can help you solve technical problems, industry professionals, company representatives, and novices who are here to learn.

Like most online communities you must register to view or post in our community. Sign-up is a free and simple process that requires minimal information. Be a part of our community by signing in or creating an account. The Digital Bit Stream starts here!
  • Reply to existing topics or start a discussion of your own
  • Subscribe to topics and forums and get email updates
  • Send private personal messages (PM) to other forum members
  • Customize your profile page and make new friends
 
Guest Message by DevFuse

Photo

Dish Discriminates Against Disabled Employee over use of medical marijuana


  • Please log in to reply
188 replies to this topic

#21 OFFLINE   SayWhat?

SayWhat?

    Hall Of Fame

  • Topic Starter
  • Registered
  • 5,610 posts
Joined: Jun 06, 2009

Posted 01 May 2013 - 08:38 AM

That final point is what is being alleged in this thread. That the former employee's disability was the reason for dismissal. It was not. 

 

I disagree.  It was the disability and the choice not to submit to BigMedCo that led to alternative medicine.  If you eat certain foods, you can test positive for opiates.  It doesn't affect your job performance though.

 

So now Dish or the US is like North Korea. And because Dish does not want someone high working for them. Wow. 

Testing positive for THC does not mean you are under the influence at any specific time.


Help stamp out Twits and Twitterers!

HD, SchmacHD!! Just be glad you've got a picture at all.

...Ads Help To Support This SIte...

#22 OFFLINE   LtMunst

LtMunst

    Hall Of Fame

  • Registered
  • 1,261 posts
Joined: Aug 24, 2005

Posted 01 May 2013 - 09:32 AM


 

Now if this had been filed under the Americans With Disabilities Act, maybe the result would have been different, but then the employee would have to have demonstrated that he required that specific drug and that Dish could not make reasonable accomodations.

 

Regardless of state legalization...marijuana is Still illegal under Federal Law.  The Americans with Disabilities Act would certainly not protect this.


Hopper, Hopper w/Sling, Joey x2

#23 OFFLINE   tsmacro

tsmacro

    Hall Of Fame

  • Registered
  • 2,192 posts
  • LocationEast Central Indiana
Joined: Apr 28, 2005

Posted 01 May 2013 - 09:40 AM

I don't think there's any debate whether Dish had the right to fire the employee, they obviously did after all being a "right to work" state they can fire anyone for any reason or none at all really. The real debate was it the right and/or smart thing to do?




"The major difference between a thing that might go wrong and a thing that cannot possibly go wrong is that when a thing that cannot possibly go wrong goes wrong it usually turns out to be impossible to get at or repair." - Douglas Adams

"Who would rule a nation when he could have easier work, such as carrying water uphill in a sieve?" - Robert Jordan


#24 OFFLINE   Paul Secic

Paul Secic

    Hall Of Fame

  • Registered
  • 6,134 posts
Joined: Dec 16, 2003

Posted 01 May 2013 - 10:02 AM

http://www.courthous...04/30/57179.htm

 

Despite any court ruling, this never should have happened.  I'm really starting to get fed up with Dish.  I used to be a big supporter, but they are turning their backs on customers and employees alike.

 

 

http://www.courthous...04/30/57179.htm

 

Despite any court ruling, this never should have happened.  I'm really starting to get fed up with Dish.  I used to be a big supporter, but they are turning their backs on customers and employees alike.


Enjoying AT 250 HBO, 

 

Equipment: VIP 722 reciever


#25 OFFLINE   Paul Secic

Paul Secic

    Hall Of Fame

  • Registered
  • 6,134 posts
Joined: Dec 16, 2003

Posted 01 May 2013 - 10:07 AM

It's ilegal to smoke  Weed at work period.


Enjoying AT 250 HBO, 

 

Equipment: VIP 722 reciever


#26 OFFLINE   ehilbert1

ehilbert1

    Godfather

  • Registered
  • 312 posts
Joined: Jan 22, 2007

Posted 01 May 2013 - 10:29 AM

It's ilegal to smoke  Weed at work period.

He never smoked weed at work!

 

I want to applaud the guy for even being able to work! I'm a parapelegic and work full time but it's damn hard to do at times. There are so many things I have to do in the morning just to be able to go to work. So what this guy did as a quad is remarkable. The poor guy needed to smoke it. Seriously guys Google bowel programs for para and quards. See what all has to be done for us to even be able to work.

 

It's a shame they had to let him go. I hope he can catch on somewhere.


Edited by ehilbert1, 01 May 2013 - 10:32 AM.

  • sigma1914 likes this

#27 ONLINE   sigma1914

sigma1914

    Hall Of Fame

  • DBSTalk Club
  • 14,021 posts
  • LocationAllen, TX
Joined: Sep 05, 2006

Posted 01 May 2013 - 12:35 PM

He never smoked weed at work!

 

I want to applaud the guy for even being able to work! I'm a parapelegic and work full time but it's damn hard to do at times. There are so many things I have to do in the morning just to be able to go to work. So what this guy did as a quad is remarkable. The poor guy needed to smoke it. Seriously guys Google bowel programs for para and quards. See what all has to be done for us to even be able to work.

 

It's a shame they had to let him go. I hope he can catch on somewhere.

You said what I was thinking. I'll bet a company will get this guy. I'm disabled (not paralyzed - Muscular Dystrophy), and I can't work...I tried. I applaud all disabled workers not just collecting a government check like myself.


  • ehilbert1 likes this
If you stop responding to them or put them on ignore, then eventually they'll go away.

#28 OFFLINE   ehilbert1

ehilbert1

    Godfather

  • Registered
  • 312 posts
Joined: Jan 22, 2007

Posted 01 May 2013 - 12:54 PM

You said what I was thinking. I'll bet a company will get this guy. I'm disabled (not paralyzed - Muscular Dystrophy), and I can't work...I tried. I applaud all disabled workers not just collecting a government check like myself.

It's not your fault and I don't look down on anyone that is disabled and can't work. I know there are those that can and won't. I'm a Vet that was injured in Iraq. I could have just not worked but I didn't want that. So now I work with law enforcment. It's a hard thing to do but I get by.

 

I do feel bad for the guy they let go. I really hope he gets another job.


  • AZ. likes this

#29 OFFLINE   SayWhat?

SayWhat?

    Hall Of Fame

  • Topic Starter
  • Registered
  • 5,610 posts
Joined: Jun 06, 2009

Posted 01 May 2013 - 01:04 PM

I really don't see how anyone can defend Dish on this.  They certainly have discretion not to be bullies.


  • ehilbert1 likes this
Help stamp out Twits and Twitterers!

HD, SchmacHD!! Just be glad you've got a picture at all.

#30 ONLINE   dpeters11

dpeters11

    Hall Of Fame

  • DBSTalk Club
  • 13,104 posts
  • LocationCincinnati
Joined: May 30, 2007

Posted 01 May 2013 - 01:05 PM

I don't think there's any debate whether Dish had the right to fire the employee, they obviously did after all being a "right to work" state they can fire anyone for any reason or none at all really. The real debate was it the right and/or smart thing to do?

 

Right. In Ohio, people have been fired because they have been found to be a smoker. It's not a protected status, so there are no real rights. I think we were the first state to not allow smoking in casinos, so definitely not a smoker friendly state.



#31 OFFLINE   Stewart Vernon

Stewart Vernon

    Excellent Adventurer

  • Moderators
  • 19,702 posts
  • LocationKittrell, NC
Joined: Jan 07, 2005

Posted 01 May 2013 - 01:41 PM

As long as Dish fires anyone they find has been illegally taking a drug, then their position is defensible.  IF they allowed a non-disabled person to get away with it, then I could jump on the bandwagon and say they discriminated against this guy... but unless a story like that surfaces... all we know for sure is that if you fail a drug test, Dish will let you go.

 

I'm not even arguing that I agree marijuana should be illegal.  I don't, never have, and never will take any of the recreational drugs... but I think our "war on drugs" has gotten out of hand... but that said, until the drug laws are overturned, if you break one you take the risks and consequences if you get caught... and this guy got caught.

 

IF he was given a break because of his disability to illegally use a drug, then that would be as bad as if he was discriminated against...  Discrimination, whether it be favorable or unfavorable, doesn't do him any favors.


-- Respect the S.H.I.E.L.D.


#32 ONLINE   sigma1914

sigma1914

    Hall Of Fame

  • DBSTalk Club
  • 14,021 posts
  • LocationAllen, TX
Joined: Sep 05, 2006

Posted 01 May 2013 - 01:54 PM

I really don't see how anyone can defend Dish on this.  They certainly have discretion not to be bullies.

What if the person wasn't disabled and was using medical marijuana?


If you stop responding to them or put them on ignore, then eventually they'll go away.

#33 OFFLINE   phrelin

phrelin

    Hall Of Fame

  • Registered
  • 13,479 posts
  • LocationNorthern California Redwoods
Joined: Jan 18, 2007

Posted 01 May 2013 - 04:46 PM

I also don't think the judgement-call scenario from that other thread applies here.

 

Consider...  Driving while intoxicated is illegal... whether or not you get into an accident.  IF you are pulled over at a license check, and found to be driving drunk, you don't get to say "but I didn't have an accident" and get away with the drinking and driving.

 

The scenario here is essentially the same.  This employee was using drugs that were determined to be used in an illegal manner, so he can't say "but it didn't effect my job performance" and get around the company's drug policy.

The fact is that many first time DUI convictions do not result in jail time, but in California they could. A judge gets paid to make judgement calls.

 

Grownups are supposed to make judgement calls IMHO. But I realize that insurance companies and other outside influences that prefer to ignore the finer points of "justice" come into play even at Dish.

 

We are at a point in time where compassionate or kindly forbearance shown toward an offender (also known as "mercy") is considered a weakness or flaw. Hence the advocacy for "Zero Tolerance." Based on what I see the strictest Sharia Law ought to be much more popular in this country than it is.

 

I don't like it, but my opinion is free and worth every penny. wink.gif


Edited by phrelin, 01 May 2013 - 04:50 PM.

"In a hundred years there'll be a whole new set of people."
"Always poke the bears. They sleep too much for their own good."

"If you're good enough, they'll talk about you." - Tom Harmon
A GEEZER who remembers watching TV in 1951 and was an Echostar customer from 1988 to 2008, now a Dish Network customer.
My AV Setup
My Slingbox Pro HD Experience
My Blog: The Redwood Guardian


#34 OFFLINE   Stewart Vernon

Stewart Vernon

    Excellent Adventurer

  • Moderators
  • 19,702 posts
  • LocationKittrell, NC
Joined: Jan 07, 2005

Posted 01 May 2013 - 05:22 PM

But we aren't really talking about the law here... we're talking about a company hiring or firing.

 

In gun threads I have pointed out that it is legal to own guns in this country... and I support the 2nd amendment... BUT you cannot bring a gun into my house or my car.  I do not give you that permission.  You could assert your 2nd amendment rights all you want, but only as long as you don't want to be in my home or car.

 

So for drugs... Dish has a drug policy...  this guy violated it... they can fire him.  On top of that he apparently was using them illegally... so he really doesn't have a defensible position.

 

Companies that have drug policies usually test you as part of the interview/hiring process... and give you documentation that says what their policy is and usually require you to sign something that says you read and understand their company policies.  I'm not saying I don't feel a bit for the guy... but he is in a non-winnable situation.


-- Respect the S.H.I.E.L.D.


#35 OFFLINE   phrelin

phrelin

    Hall Of Fame

  • Registered
  • 13,479 posts
  • LocationNorthern California Redwoods
Joined: Jan 18, 2007

Posted 01 May 2013 - 10:54 PM

I'm not saying I don't feel a bit for the guy... but he is in a non-winnable situation.

That's the part I don't like. I'm not criticizing Dish as their policy is the norm. I'm critical that Zero Tolerance has become the norm.


"In a hundred years there'll be a whole new set of people."
"Always poke the bears. They sleep too much for their own good."

"If you're good enough, they'll talk about you." - Tom Harmon
A GEEZER who remembers watching TV in 1951 and was an Echostar customer from 1988 to 2008, now a Dish Network customer.
My AV Setup
My Slingbox Pro HD Experience
My Blog: The Redwood Guardian


#36 OFFLINE   sregener

sregener

    Godfather

  • Registered
  • 600 posts
Joined: Apr 17, 2012

Posted 02 May 2013 - 03:38 AM

Grownups are supposed to make judgement calls IMHO.

In a moral society (where moral behavior is the norm and immoral behavior is a rare exception), such "judgement calls" are easier than in an immoral one.  The moment an exception is made to the rule, there are now people who will wedge their way through it or scream that it is unfair to the rooftops.  If the IRS says to one person, "We understand you weren't the best math student, have some memory issues and didn't pay us as much as you really owe.  Just pay us back when you get the money," you can bet that a million others will be including copies of their math grades with their tax returns.

 

That's not to say that I don't agree with you that sometimes, our "zero tolerance" policies lead to actions that are, at best, insane.



#37 OFFLINE   tampa8

tampa8

    Godfather/Supporter

  • Registered
  • 1,827 posts
Joined: Mar 30, 2002

Posted 02 May 2013 - 10:21 AM

I was on my smartphone when I first posted so edited down what I typed.

In the seminar for employers we went over this topic. (Not specifically the Dish story) If marijuana is legal in your state, and the employer allows it because it is legal and for medical reasons, insurance companies very well may drop that employer. Could Dish have put that person on suspension? Here's the answer. They could, but if it is for medical reasons they may actually be forced to fire them, by stating in the dismissal the employee can no longer perform their job if they must take marijuana. If someone has a back injury, and it will not get any better, and the job depends on heavy lifting etc, same scenario. The mistake some are making is putting marijuana use in some kind of a different category. Oddly, if it was an addiction, the employer has more latitude. But once the employee says he is taking a drug for medical reasons with no known end point to stop it's use, the employer virtually must fire the employee. There are people fired every day for using legally prescribed drugs for honest medical conditions, because the employer feels that the employee can no longer do the job, including in the Fire Service.
If I had to boil it down, (as the instructor did) there is a distinction between being addicted and wanting to get help to stop taking the drug, or saying you must take the drug for medical reasons. The second should be a red flag to part ways, the first takes more thought.

Edited by tampa8, 02 May 2013 - 10:24 AM.

  • harsh likes this

#38 OFFLINE   harsh

harsh

    Beware the Attack Basset

  • Registered
  • 18,968 posts
  • LocationSalem, OR
Joined: Jun 14, 2003

Posted 02 May 2013 - 12:30 PM

I don't think there's any debate whether Dish had the right to fire the employee, they obviously did after all being a "right to work" state they can fire anyone for any reason or none at all really. The real debate was it the right and/or smart thing to do?

If the policies are clear, it is both the right and smart thing to do.  Changing the policies should necessarily require a whole lot more consideration than this particular instance and no applicable laws should be dismissed.

 

To date, most of the legalization measures have major shortcomings and lack a significant body of case law so it is probably too soon to claim protection from one law that is in clear violation of another.


Too often we enjoy the comfort of opinion without the discomfort of thought. -- JFK


#39 OFFLINE   DoyleS

DoyleS

    Icon

  • Registered
  • 1,005 posts
Joined: Oct 21, 2002

Posted 02 May 2013 - 02:57 PM

I put the fault on the employee. 

Dish has a clear drug policy that the employee would have been aware of when he was hired.

The employee felt that the latest changes in Colorado law trumped the company policy.

Without checking with his supervisor or HR to see if there would be a problem,  he proceeded to use the Marijuana for his medical needs. 

Depending on Metabolism and other factors,  the MJ indicators can stay in the system from as low as about 3 days for some people and even 30 days for others.

Companies can be liable for the actions of their employees and as a result they have written company rules.

We may feel bad for this employee, but he was not discriminated against.  What also isn't clear from the information given was the circumstances under which he was tested.   Did someone suggest that he was using MJ?  Did he volunteer the information?   Was it a random drug test?  


Receivers= 722K, 722, 211K,
Dishes=Dish1000.2
Sling Adapter

#40 OFFLINE   acostapimps

acostapimps

    Hall Of Famer

  • DBSTalk Club
  • 1,730 posts
  • LocationIllinois
Joined: Nov 05, 2011

Posted 03 May 2013 - 08:16 PM

All I got to say in this matter is that alcohol and cigarette smoking can kill you more than marijuana smoking, Scientific fact


  • sigma1914 likes this

Directv Genie DVR HR44-700
Directv HD DVR HR24-500
Directv HD Receiver H24-200
Directv Wireless Mini Client C41W-100 (Deactivated)
Directv Standard SD Receiver D12-700 

SWM 16  SWM 8-Way Splitter  SWM 2-Way Splitter  Slimline 5LNB  

Directv Subscriber From 2009-?





Protected By... spam firewall...And...