In early 2021, the governor of New Jersey signed into law a bill that, among other things, protected New Jersey workers from certain adverse consequences as a result of their legal use of marijuana off the clock. If you’ve been fired or suffered other negative consequences as a result of your legal marijuanba use, your employer may have violated the law. Get in touch with an experienced New Jersey employment discrimination lawyer right away to protect yourself and your rights.
More recently, the New Jersey Cannabis Regulatory Commission published workplace guidelines that established protections for legal users. One of the biggest takeaways from the commission’s new guidance is that, while employers may still test for marijuana, they may not punish their workers solely as a result of workers’ testing positive in a drug screen for marijuana metabolites (THC).
The new guidelines say that employers seeking to penalize a worker primarily must look for “behavioral indicators” or “physical signs or symptoms” sufficient to support a reasonable suspicion that the employee has attended work while intoxicated. If the employer has identified one or more of these indicators and/or signs, then a positive test result may also be included as part of the employer’s reasonable suspicion about a worker’s having worked while high on marijuana.