Kohl's To Be Sued For Defamation In Marijuana Termination Lawsuit

Retail giant, Kohl's, might have found themselves involved in a huge lawsuit for terminating an employee with the assumption that he was under the influence of marijuana while at work.  While the corporation has added an amendment to their personnel policies which included a section about medical marijuana, former shift supervisor and MMJ patient, Justin Shepherd, may have a case against his former employer.

Shepherd received his medical marijuana prescription in 2011 when he was diagnosed with acute and chronic anxiety.  He decided to stay employed with Kohl's when he learned of their acceptance of medical marijuana employees.  According to Kohl's policy and as stated by Judge Dale A. Drozd who presided over the case, “Kohl’s policy now provides that workers in certain states, including California, who possess valid recommendations for medical marijuana use won’t be discriminated against in termination and other employment decisions.” 

The decision to terminate Shepherd came when his medical marijuana use was discovered after he was injured at work.  His termination papers state that he was under the influence while on the clock, which the company prohibits.  Shepherd, on the other hand, claimed that he used a personal abstinence policy for the days prior to his next shift at work.  He also showed evidence stating that THC can remain in your urine for up to 30 days after use, which concludes that a urine test would not be able to determine whether he was under the influence during his shift.

Justin spoke with the Kohl's Human Resources Department and was told by the HR Director that he should have decided to use a different medicine prior to coming to work.  With the written statements on his termination papers and the verbal advice from someone with no medical experience going against Justin's physician, Kohl's is looking at a hefty lawsuit.