Case 1: Casias was a Wal-Mart employee in Michigan. Michigan legalized the use o

Question

Case 1: Casias was a Wal-Mart employee in Michigan. Michigan legalized the use of medical marijuana under the Michigan Medical Marijuana Act. Casias gas a registry card that allowed him to buy and use marijuana without being subject to arrest or prosecution under this act. Wal-Mart conducted random drug testing where Casias took and tested positive for the use of marijuana. The Wal-Mart corporation has a strict no tolerance policy for drug use and Casias was immediately let go because of the positive drug test. Casias filed a wrongful termination suit because he was registered and granted privileges to use and carry small quantities of marijuana for medical use.

Questions: What is the issue at hand in this case?

How do you think the courts decided?

Case 2: Peter Oiler was a competent truck driver with a 20-year record of exemplary service at Winn-Dixie Stores Inc. He showed up on time, performed his duties well and caused no problems while on the job. But it was his off-the-job behavior – cross-dressing – that ultimately got him in trouble. The 47-year-old resident of Avondale, La., likes to wear women’s clothing, accessories, makeup, wigs, and fake breasts. He usually adopts the persona of “Donna” at home, but sometimes goes out with his wife and friends at restaurants, the shopping mall and church. Upon learning of his non-mainstream activities, Winn Dixie terminated Oiler. The company’s managers said their customers might shop elsewhere if they recognized “Donna” in public as a company employee, court records show. “His activity could harm the company image, “ Oiler’s supervisor said, according to the complaint Oiler filed in federal court. But Oiler said he had no contact with shoppers, and he sued Winn-Dixie for sex discrimination, alleging the company fired him because he did not conform to the gender stereotype of a man.

Questions: What is the issue at hand in this case? What law(s) is this issue related too?

How do you think the courts decided?

Explanation / Answer

Case 1.

As per my understanding, the most important and relevant facts of the case as stated in the question is as follows:

"Wal-Mart conducted random drug testing where Casias took and tested positive for the use of marijuana. The Wal-Mart corporation has a strict no tolerance policy for drug use and Casias was immediately let go because of the positive drug test. "

From the point of view of Casias, it is important that " he was registered and granted privileges to use and carry small quantities of marijuana for medical use."

Now the question is about the use of the drug while on duty and its impact not only on the performance of Casias but also on the other employees and customers at the premises of Wal-Mart. Secondly, as an employee, Casias must be aware about the Wal-Mart corporation's strict non tolerance policy about use of drugs.

Therefore I would like to upheld the termination as per company's policy.

Case 2.

The most important and relevant portion related to the issue and judgement is quoted as follows:

"The company’s managers said their customers might shop elsewhere if they recognized “Donna” in public as a company employee, court records show. “His activity could harm the company image, “ Oiler’s supervisor said, according to the complaint Oiler filed in federal court. But Oiler said he had no contact with shoppers, and he sued Winn-Dixie for sex discrimination, alleging the company fired him because he did not conform to the gender stereotype of a man."

The issue is related with the rights and privileges available to the individuals to conduct themselves in their private life. The employee is a truck driver and it is the perceptions of the Manager and not the infingement of any terms and conditions governing the employment. Therefore, I would like to state that the company has wrongly fired the driver without having any evidence against him or his conduct, even off-duty, that harmed the company image.

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