Discussion: A number of states (nearly half) have now legalized marijuana for a

Question

Discussion:

A number of states (nearly half) have now legalized marijuana for a variety of purposes including recreational use (Colorado and Washington). However, employers are frequently terminating employees for off-duty use despite laws which prohibit terminating employees for being terminated for using substances that are lawful to consume. In a number of appellate courts in several jurisdictions, including Colorado, the court's have upheld terminations for off-duty conduct for the consumption of marijuana despite its lawful state status under the theory that it is still illegal Federally.

To what extent do you think that employers should be able to regulate otherwise lawful conduct by employees performed off-the-clock?

http://www.natlawreview.com/article/marijuana-workplace-growing-conflict-between-drug-and-employment-laws

Explanation / Answer

In My opinion , the employer should still be able to regulate employees conducts off the clock, but that could be defined and a policy should be drawn out. The employer must define a policy of employee regulation for certain areas, like marijuana consumption, off the clock and must be disclosed at the time of joining and must be displayed in the office notice boards. Concerned employers could even conduct a drug test as part of the selection process. But the point is it should be as part of the policy and employees should be ware of this at the time of entry. This will ensure that employees who do not wish to be regulated on these areas off the clock could abstain either from doing that or joining this organization.

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