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Dish Discriminates Against Disabled Employee over use of medical marijuana

Discussion in 'The OT' started by SayWhat?, Apr 30, 2013.

  1. May 4, 2013 #41 of 189
    Ray_Schwarz

    Ray_Schwarz Mentor

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    Kill you more than Dead ? :hurah:
     
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  2. May 4, 2013 #42 of 189
    Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    I don't smoke or drink or take drugs... I barely take pain relievers like Tylenol and the like...

    But some things are legal, and other things are not. I don't understand the rationale at times myself... but unless and until people change the law... those are the laws you have to deal with.
     
  3. May 4, 2013 #43 of 189
    fourhokiefans

    fourhokiefans Cool Member

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    Why is there even any discussion. If I understand the scenario correctly, wasn't this individual dismissed from doing something that was obviously against company policy (and also determined to be unlawful - which means in violation of the law)? Whether his use of marijuana was legal or not, wasn't it still against company policy? Unbelievable..... it's like offending undocumented immigrants by calling them illegal - IT"S STILL ILLEGAL.
     
  4. May 4, 2013 #44 of 189
    tampa8

    tampa8 Godfather/Supporter

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    Misses the meaning of what happened, and does not matter whether true or not. You can't drink/be drunk at work, and in today's world you can't smoke at most work places, or you will get fired. Those two things and Marijuana are legal, but you can be fired for using them at work or under the influence of them It has nothing to do with what is safer.

    I will have to say, we probably don't know all the facts, but I have much more sympathy if the person is disabled and trying to work, using Marijuana as the new law intended. But if you read my (long) post a company may be backed into a corner on what to do.
     
  5. May 5, 2013 #45 of 189
    klang

    klang Hall Of Fame

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    The topic starter is pissed at Dish for raising his rates. :crying:
     
  6. May 5, 2013 #46 of 189
    SayWhat?

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    Dunno. Dish is wrong, plain and simple. Legal or not, Dish did the wrong thing. I have no idea why anyone is defending their actions.
     
  7. May 5, 2013 #47 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    Plain and simple, they're wrong? It's obviously not plain and simple since you don't like the ruling. Why have a judiciary system if you refuse to accept a clear legal defense?
     
  8. May 5, 2013 #48 of 189
    SayWhat?

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    They were wrong for doing it to begin with. It never should have gone to court and wouldn't have if they hadn't acted improperly. This guy could have been sitting at home collecting disability or some other publicly funded payments. Instead he chose to try and make a living. Dish threw him out like yesterday's trash.
     
  9. May 5, 2013 #49 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    You're right, it shouldn't have gone to court because Dish didn't violate any laws. I'm sure Dish has a clear drug policy, and he knowingly violated.
     
  10. May 5, 2013 #50 of 189
    phrelin

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    I'm not sure I'd go so far as to say what he knew. It's a problem in California.

    For instance. Mendocino County implemented a process of registration with plastic ties to put on plants to easily distinguish those growing as "medical marijuana." Last year the Liberal Socialist Obama Administration Justice Department issued a subpoena for those County records leading to a fight both in court and within the political structure. The Justice Department essentially backed down because of political pressure.

    I'm not sure a disabled worker would understand medical marijuana is an illegal drug. If Dish had rules that said if you're using Vicodin with a prescription from your dentist or Oxycontin with a prescription from your physician while sitting in a chair shuffling paper or answering phones, we'll fire your ass, it would be clear.

    But then I have nothing but disdain for Zero Tolerance rules established by the fearful or self righteous.
     
  11. May 5, 2013 #51 of 189
    SayWhat?

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    Some people can't seem to see the difference between legal/illegal and right/wrong. Dish's action was wrong.
     
  12. May 5, 2013 #52 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    Some don't understand what opinion verse fact is. You can say it's wrong all day, that's your opinion, & it's fine. However, the fact is Dish did nothing illegal.
     
  13. May 5, 2013 #53 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    How would he not know? Any company with half a brain has a specific drug policy. If he didn't read the policy and didn't know, then that's still on him. In the end, none of it matters since it's in Colorado ...an at-will state.
     
  14. May 5, 2013 #54 of 189
    phrelin

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    I feel like I have to play the law enforcement card here. Law enforcement personnel make decisions about enforcement of laws every day based on judgement. If they didn't, if they simply chose to book every observable violation of a law, you couldn't get within 300 yards of most jails.

    It is too easy to base a judgement on a yes or no call, to remove degrees of right and wrong from the judgement. As I said

     
  15. May 5, 2013 #55 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    This has nothing to do with zero tolerance. You can play the law enforcement card, but considering how poor their judgment can, especially in NYC with their illegal searches and profiling, you might reconsider.
     
  16. May 5, 2013 #56 of 189
    Inkosaurus

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    Dish is extremely clear on its stance regarding Drug use in and out of the work place. Atleast they were at my call center and considering the information provided to us was on a company wide platform I would venture a guess and say all of the other centers did just as well a job at informing there employees of Dish's strict stance on the matter.

    I know the guy claims he didnt do the drug at work or went to work high. But come on guys, of course he would say something like that on the record when hes hoping to win a court case.
    Lets be honest with our selves. HR exists for a reason and more often then not "Random" drug tests aren't so random and are generally the result of another employee going to HR to make a report. Whether this was a fellow employee who could smell the marijuna on him, or perhaps a QA agent listening in and thinking his judgment was off we will never know. But I personally dont believe in "Random" drug tests, especially at Dish. In my mind and opinion its highly likely he was reported by a fellow agent for god knows what reason, and bam that employees assumption was right.


    So? What if he was a CSR (I didnt take note of his position). If he was a CSR he could have been putting customers at risk. Pot impairs judgment, maybe he could have given unnecessary credits out (bad for dish), or over charge a customer or place them on an incorrect package (bad for customer). Reaction time is also considerably slower when high, leading to higher average handle time (aka longer calls) and potentially unsatisfied customers. Who wants to talk to a csr who sounds like there high?

    Fact of the matter is no one knows for sure whether or not this guy was high at work, not you , not me and most definitely not Dish but the fact that he COULD be high at work is more then enough reason to fire him. Maybe if testing for marijuana was more sophisticated and we could more easily determine when he actually is under the influence maybe it could be avoided.

    Until then Dish (and any other employer) who invokes there rights to fire an employee who violates there policies entirely in the legal and moral right regardless of what your jaded opinion may be.
     
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  17. May 5, 2013 #57 of 189
    James Long

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    This person should go down the street and work for DirecTV ... oops, can't do that. The same anti=drug use policy is in place.

    After a while one has to take ALL complaints from a member who hates DISH in nearly every thread and dismiss it. There is no convincing such a poster that they are wrong. One might as well argue with a brick wall.

    But on the topic of "drug users in the workplace" ... I challenge anyone who is against DISH's termination of this employee to find a major business that openly accepts medical marijuana users. Most businesses are moving in the opposite direction with pre-employment and regular/random drug tests becoming the norm. Who wants to put out a sign that says "potheads welcome here"?

    There are people who have been helped by medical marijuana ... but there are far too many people who get a prescription when other drugs work fine or they don't need medication at all. The whole system has turned into a farce with the victims being those who actually need the drug. Too many cards are being issued to people who don't need them.

    If you want to blame anyone for the problems people who actually need medical marijuana face getting and using their drug blame the people who don't need the drug ... those who are getting "prescriptions" from prescription mill doctors and those who are abusing medical marijuana laws for recreational use.

    Scenes of healthy people lighting up their tokes in a party atmosphere are not helping the true medical marijuana cause.
     
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  18. May 5, 2013 #58 of 189
    sigma1914

    sigma1914 Well-Known Member DBSTalk Club

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    This incident isn't new or unique, either. A quick Google search found a few cases; all of which had similar rulings. It seems interesting that the topic starter created this after his recent displeasure with Dish.
     
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  19. May 5, 2013 #59 of 189
    Slamminc11

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    not really. he is going to rant against Dish no matter what they do.
     
  20. May 6, 2013 #60 of 189
    SPACEMAKER

    SPACEMAKER Freethinker

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    I worked for a company that said that having a medical marijuana card made no difference and that the company only had to abide by federal laws when it came to enforcing their zero tolerance policy.
     

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