One recent Superior Court decision gave a pretty clear answer for state employees: None. In other words, for employers: Fire Away.
That, of course, simplifies the decision and the result — employers should still exercise caution when disciplining employees for drug use to understand the facts and circumstances — but the court’s decision is yet another affirmation that the statestillhas a strong public policy against the use of marijuana, at least for its employees.
The case, State of Connecticut v. Connecticut Employees Union Independent, arises from the State’s challenge to an arbitration award reinstating an employee who was terminated for using marijuana while on the job. The State contended that the award should be vacated on public policy grounds.
The Superior Court agreed with the State because it violates the state’s well established public policy on illegal drug use while on state duty.
The union argued that the award must be confirmed because the State is “currently implementing the legalization of medical marijuana.” The court rejected that argument pretty simply by stating that even if that’s the case, there is “nothing in the records [to] indicate that grievant was prescribed marijuana.
Regardless, as I said back in 2012:
- Employers MAY continue to prohibit the use of intoxicating substances, including marijuana, at work.
- Employers MAY continue to discipline employees for being under the influence of intoxicating substances at work.
It remains to be seen whether other lower courts will follow this path and whether the appellate courts in Connecticut will confirm this logic. But for now, this decision from the Superior Court ought to make employers breathe just a little easier on that point.