Cancer Stricken Employee Of The Year Fired From Wal-Mart

**dmax** · March 17th, 2010, 03:32 PM

BATTLE CREEK, Mich. (WZZM) - Now that medical marijuana is legal in Michigan, can an employer fire a worker who tests positive for the drug?

WalMart says it can, so it did. "I was terminated because I failed a drug screening," says former WalMart employee Joseph Casias.

In 2008, Casias was the Associate Of The Year at the WalMart store in Battle Creek, despite suffering from sinus cancer and an inoperable brain tumor.

At his doctor's recommendation, Casias says he legally uses medical marijuana to ease his pain.

"It helps tremendously," he says. "I only use it to stop the pain. To make me feel more comfortable and active as a person."

During his five years at WalMart, Casias says he went to work every day, determined to be the best.

"I gave them everything," he says. "110 percent every day. Anything they asked me to do I did. More than they asked me to do. 12 to 14 hours a day."

But last November, Casias sprained his knee at work. Marijuana was detected in his system during the routine drug screening that follows all workplace injuries. Casias showed WalMart managers his state medical marijuana card, but he was fired anyway.

"I was told they do not accept or honor my medical marijuana card," says Casias.

In an e-mail from headquarters, WalMart spokesman Greg Rossiter explained the company policy. It states: "In states, such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen. We believe our policy complies with the law and we support decisions based on the policy."

Casias says he never used marijuana before work.

"No, I never came to work under the influence, never," he says. "I don't think it's fair. Because I have a medical condition I can't work and provide for my family?"

Casias has been collecting unemployment compensation since he was fired in November but this week he says he was notified WalMart is challenging his eligibility for benefits.

"It's not fair," he says.

http://www.wzzm13.com/news/news_stor...19421&catid=14

**TwiztidAngel** · March 17th, 2010, 03:39 PM

jeez...its not like he tested positive for coke...pot really isnt that bad...i'd rather work with a pothead than a crackhead

**MC30** · March 17th, 2010, 04:34 PM

i live in the land of wal-mart and around here if you go to work in a store (not the optical lab, or jewelery center, or the home office) they start you out at min. wage. (if your a cashier) and you get the chance to get a 10 cent raise every six months! whoohooo!
sorry i would have to be on 8 different drugs to work for walmart.

**TwiztidAngel** · March 17th, 2010, 05:13 PM

Originally Posted by mommacrazy30

i live in the land of wal-mart and around here if you go to work in a store (not the optical lab, or jewelery center, or the home office) they start you out at min. wage. (if your a cashier) and you get the chance to get a 10 cent raise every six months! whoohooo!
sorry i would have to be on 8 different drugs to work for walmart.

but how would you afford the 8 different drugs?...minimum wage only goes so far

**MC30** · March 17th, 2010, 05:21 PM

thats the rub.

**penelopejo** · March 17th, 2010, 05:30 PM

Originally Posted by TwiztidAngel

but how would you afford the 8 different drugs?...minimum wage only goes so far

It's their new $4 prescription for certain drugs....remember, you get a discount too...

lmao

**totallytoddler** · March 17th, 2010, 06:59 PM

I'm not sure how to feel about this one. I have mixed feelings....on one hand I see the zero tolerance for drugs....but geez the guy has cancer...and if it was prescribed....but still that shit stays in your system.....so technically it would have still been in his system at work......see?

And Walmart is allowed to work people 12-14 hours? That's alot of overtime!!! Even at minimum wage!!!!

Eh...I have a love/hate relationship with Walmart. Come to think of it...I have a Love/hate relationship with alot of of places....and people. Hmmmmmmm......I shall still shop there for their prices and price matching! My kids gotta eat!!!

Hope the guy gets his job back......but then again...well...I hope at least he gets A job to support his family....and I hope he goes into remmission so he doesnt need "the pot".

**cubby** · March 17th, 2010, 07:05 PM

When I worked for wally world drugs were exempt from the 10% discount. When i first started they let you use your card for medicine but later changed it, who knows maybe they changed it again.

Around here minimum is about as good as it gets for unskilled workers. This little place has no industry at all. Around here Wal-Mart is probably the biggest employer.

As for the medical marijuana, I don't know, I know I wouldn't want my safety to depend on someone who is high. But if he says he doesn't smoke before work wouldn't the test show how much is in his system? Like a blood alcohol test?

speaking of alcohol, if a person is shown to have alcohol in their system even if not anywhere near legally drunk, like a .02, I still wouldn't want to work with them because there is so many ways to get hurt in retail since not all workers stand at the cash register. Especially, since the men are called to do most all of the heavy lifting and carting.

Please no haterzzzz!!! LOL

**Gidget** · March 17th, 2010, 07:10 PM

"I don't think it's fair. Because I have a medical condition I can't work and provide for my family?"

He can absolutely work and provide for his family.

Just not at Walmart. Or any other place that has drug screening.

**Twisted** · March 17th, 2010, 07:12 PM

Gidget,

It's been my experience that Walmart will only hire those they deem to be unemployable for almost any other purpose. Likely this guy doesn't have many options.

Personally, I think they did it to get him off the health-care plan. Kick him out the door, he loses any insurance he might have had, and all these issues become an uncovered pre-existing condition.

**Gidget** · March 17th, 2010, 07:22 PM

I don't know, I would imagine his medical bills are ridiculous, but I can't imagine them looking to effectively cut costs for a company that size by dumping this one guy. Besides, if Wal-Mart's insurance plan is fully insured, then Wal-Mart pays the same premiums each month regardless of the cost of the claims, and the plan has to eat the cost. Now, if this guy's enrolled in a health plan that is self insured, meaning the claims are paid directly out of the employer's pocket, then I could see it. Maybe.

Still, they'd do better to save money on claims by doing things like making people prove that their spouses are really their spouses, their kids are really theirs, etc. You'd be surprised how many people out there are trying to cover their whole extended family on their company insurance.

**guillotinegirl** · March 17th, 2010, 07:32 PM

He had marijuana in his system because it stays in your system for about 30 days after you do it if you are a regular user. All other drugs are flushed out of your system within 3 days.

edit: I stand corrected. Phenobarbital stays in your system for 2-3 weeks. Also, I should add this is true for how long drugs will be found in your urine, not your blood or your hair.

**thehesbomb** · March 17th, 2010, 07:40 PM

As for the medical marijuana, I don't know, I know I wouldn't want my safety to depend on someone who is high. But if he says he doesn't smoke before work wouldn't the test show how much is in his system? Like a blood alcohol test?

speaking of alcohol, if a person is shown to have alcohol in their system even if not anywhere near legally drunk, like a .02, I still wouldn't want to work with them because there is so many ways to get hurt in retail since not all workers stand at the cash register. Especially, since the men are called to do most all of the heavy lifting and carting.

Please no haterzzzz!!! LOL

Not hating but there are so many prescription drugs that don't get screened for that would have a much more significant impact on employee safety (vicodin/oxycodone/lorazepam/diazepam/oxycontin).

**cubby** · March 17th, 2010, 07:43 PM

Twiztid, I value your opinion but you are slightly on the wrong side here. Sure there are people there that are unemployable anywhere else, but don't most jobs have people like that? (Wal-Mart also hires the handicapped that ARE unemployable elsewhere)If you have ever worked in retail in any capacity other than maintenance, hourly stocker, or part-time cashier then you know it takes alot of smarts to do your job correctly. I started as a part-time cashier and when I quit I was a department manager so I know what I'm talking about.

People tend to disrespect retail workers and say they are lazy, dumb and rude but I really beg to differ with you. I am neither and 95% of the people I have ever worked with aren't either. I'm proud of my 30+ years in retail and get a little put out when it is disrespected.

**Aslan** · March 17th, 2010, 07:44 PM

Wal-Mart has health insurance?
Damn, I need to get a new job.

Wouldn't he have a case if his doctor under the insurance plan allowed the pot card?

Maybe he just wasn't doing his job well and then tried to use the 'sprained knee' thing to get money from the company?
I don't know and I certainly don't want to sound harsh but if he was in such pain (depending on what he was doing for the store) perhaps he was just kind of useless.

(shit that sounded mean. I promise I don't mean it to. I just know that in this economy the jobs, they are a bit scarce.)

**TwiztidAngel** · March 17th, 2010, 07:48 PM

Originally Posted by thehesbomb

Not hating but there are so many prescription drugs that don't get screened for that would have a much more significant impact on employee safety (vicodin/oxycodone/lorazepam/diazepam/oxycontin).

i beg to differ...i take percocets (see above bolded oxycodone) and am fully functional at work and driving...

**Gidget** · March 17th, 2010, 07:50 PM

Originally Posted by cubby

People tend to disrespect retail workers and say they are lazy, dumb and rude but I really beg to differ with you. I am neither and 95% of the people I have ever worked with aren't either. I'm proud of my 30+ years in retail and get a little put out when it is disrespected.

One of my friends started working at Wal-Mart in high school to save money for college. Two master's degrees later, she still works there part time. They give her as few or as many hours as she needs, which was helpful when she lost her 'day' job.

**cubby** · March 17th, 2010, 07:54 PM

Hesbomb, you may be right but if I know someone has been drinking smoking, doing any kind of drug that would mess with their ability to do their job safely then I wouldn't want to work with them. Sorry that is how I feel. I have worked in retail too long to think that I can get along without help from others and when I need help I want competent help. If I was in authority over them I would send them home, if not I would refuse to work with them. As for the issue here, I did say I don't know what the answer is but if I wanted to take a chance on it I would say NO. If he is having pain enough to need to smoke marijuana then probably he needs to be home.

Wal-Mart doens't have any light duty positions, you either do your job or you go. I know about this one first hand. I'm not defending Wal-Mart as much as defending the rights of fellow workers to at least to be able to work in a safe environment, as least as far as that is possible.

Any way I'm getting too over wrought now, Retail nearly put me in the loony bin, I don't know why I'm defending retail!! LOL

**Gidget** · March 17th, 2010, 07:57 PM

Originally Posted by cubby

If he is having pain enough to need to smoke marijuana then probably he needs to be home.

This is true. After I had surgery, the doctor would not release me to work until I was no longer in need of the heavy duty pain pills.

**TheMorningStar** · March 17th, 2010, 08:12 PM

Originally Posted by cubby

As for the medical marijuana, I don't know, I know I wouldn't want my safety to depend on someone who is high. But if he says he doesn't smoke before work wouldn't the test show how much is in his system? Like a blood alcohol test?

There is no such test. On NPR they had a guy from NORML on. I called in and got on the air in an effort to bring this very issue up. He agreed 100% that the fact there is no such test is a major roadblock on the way to legalization of marijuana. For example, driving under the influence.

What if the person had epilepsy and had a prescription for Phenobarbital (which is a DEA Schedule IVl)? I hope you realize you would be breaking the law by not working with them. If they cannot do their job then fire their ass. I see his prescription for marijuana as the same thing. Especially because he has a damn good reason for needing it.

NOWHERE did I read where he was doing his job badly, putting himself or others in danger or even scarfing other employee's lunches. So........WTF?

**thehesbomb** · March 17th, 2010, 09:08 PM

i beg to differ...i take percocets (see above bolded oxycodone) and am fully functional at work and driving...

The effect it has on each individual depends on dosage/tolerance, obviously. The drugs I listed are CNS depressants - they slow the normal functions of the brain. Marijuana is too. My point is that this guy is likely not any less safe than the millions that take opioid painkillers and/or benzodiapines in the work place, without being required to disclose it to their employer.

**Aslan** · March 17th, 2010, 09:29 PM

A Walmart employee with sinus cancer and an inoperable brain tumor who was fired for using medical marijuana will not be rehired, even though the company says it is "sympathetic" to his condition.

Joseph Casias, 29, was fired in November from a Walmart store in Battle Creek, Mich., after marijuana was detected in a routine drug screening that he underwent after he sprained his knee at work.

Casias, who was the store's 2008 associate of the year, said he legally used marijuana to reduce pain associated with his disease and was never under the influence while at work.

"I gave them everything," Casias told Wzzm13.com. "110 percent every day. Anything they asked me to do, I did. More than they asked me to do. Twelve to 14 hours a day."

Casias, who has been collecting unemployment since his termination, reportedly received a notification this week that Wal-Mart was challenging his eligibility for benefits. But Wal-Mart officials will no longer object to Casias receiving those benefits, company spokesman Greg Rossiter told FoxNews.com.

"This is just an unfortunate situation all around," Rossiter said. "We're sympathetic to Mr. Casias' condition, but like other companies, we have to consider the overall safety of our customers and associates, including Mr. Casias, when making a difficult decision like this."

Asked if Wal-Mart officials were considered offering Casias his job back, Rossiter replied: "No, we're not."

The Marijuana Policy Project, a Washington-based marijuana advocacy organization, has called for a nationwide boycott of all Walmart stores to protest Casias' termination.

"MPP is asking shoppers to demand that Wal-Mart abandon its discriminatory policy of firing employees who are legal medical marijuana patients under state law," an MPP blog posting read. "We need to send a strong message to Wal-Mart and other businesses in medical marijuana states that it is not acceptable to fire sick people for trying to get better by following their doctor’s recommendation and obeying state law. Marijuana is a legitimate medicine, supported by science and protected by law in 14 states, including Michigan."

Dan Korobkin, a staff attorney for the American Civil Liberties Union's Michigan branch, said Wal-Mart's action against Casias is unlawful and "shameful."

"It's illegal to fire somebody for being a medical marijuana patient, and it's also shameful to punish somebody for treating their medical condition in a legal way," Korobkin told FoxNews.com. "As far as I know, Wal-Mart itself sells a lot of over-the-counter drugs and prescription medications."

Korobkin said federal authorities have announced they will not enforce federal marijuana laws in states that have legalized its usage for medicinal purposes, including Michigan, and he's "cautiously optimistic" that Wal-Mart officials will reconsider Casias' termination.

"Wal-Mart is a large corporation, but they don't supersede state laws," he said. "When the voters of the state vote to make the use of medical marijuana legal and protected, that is a law that binds even Wal-Mart."

http://www.foxnews.com/us/2010/03/17...a-wont-rehire/

So....he hasn't been working since November and they threatened his unemployment benefits a couple of days ago.
That's why we're hearing about it now.
Not because he's so eager to go back to work. Not because he's outraged at the system.
This would have made a helluva story had he come forward with it as soon as he was let go.
Anyway, looks like the situation has been resolved somewhat, since they won't contest his unemployment benefits.
Not sure they can do that legally anyway, if he was approved for medical marijuana.

I feel for the guy, honestly. I can't imagine what he's going through.
At the same time I would have been more sympathetic had he gone to the media as soon as it happened.

**silverfae** · March 17th, 2010, 10:04 PM

The way I see it is that if they are going to fire someone for using medical marijuana, they need to start screening for prescription narcotics and also fire anyone who can't come up with a prescription for what they find in their system. Sorry, but Oxycodone is WAY more heavy duty than pot. While some people may be able to take it and be
perfectly functional, most people cannot and long term use has a very high risk of addiction, abuse and withdrawal.

Anyway, my point is that prescription drug abuse is every bit as big of a problem as illicit drug use and if they are going to police one, they should police the other as well.

**Aslan** · March 17th, 2010, 10:19 PM

I completely agree with you.
I'm also wondering why he didn't hire a lawyer after they let him go. That makes no sense to me. If he had a medicinal marijuana license I can't see why he didn't fight it.
Wal-Mart of all places wouldn't want the publicity that (as we can see now) would be coming their way because of that.

Not sure, I think there's more to this story and Wal-Mart is playing nice (for a change, depending on how you see it)

**Dakota Valkyrie** · March 17th, 2010, 10:25 PM

Originally Posted by Aslan

I'm also wondering why he didn't hire a lawyer after they let him go.

He lost me when I found out he got fired in November and didn't say "Boo" until it looked like his unemployment would be lost. And your question makes me even more suspicious of his intentions.

Walmart needs to change their policy but this guy really doesn't need anything but a brownie. I really hope that he is not adopted as the poster child for reforms.

**thehesbomb** · March 17th, 2010, 10:26 PM

Maybe he didn't fight it because he figured he was in a lot of pain and thought he would have long term unemployment and/or disability. Maybe when Wal-Crap started trying to shut that down he figured the only option was to fight back or go broke.

I dunno. Just thinking out loud...

**Dakota Valkyrie** · March 17th, 2010, 10:34 PM

Originally Posted by thehesbomb

Maybe he didn't fight it because he figured he was in a lot of pain and thought he would have long term unemployment and/or disability. Maybe when Wal-Crap started trying to shut that down he figured the only option was to fight back or go broke.

I dunno. Just thinking out loud...

If he was in too much pain to contact a lawyer, he was in too much pain to work. There are any number of lawyers and legal resources that would take that type of case on for free. I bet he has sharks swimming in his yard as I type this.

**thehesbomb** · March 17th, 2010, 10:41 PM

If he was in too much pain to contact a lawyer, he was in too much pain to work. There are any number of lawyers and legal resources that would take that type of case on for free. I bet he has sharks swimming in his yard as I type this.

I wasn't really clear - I wasn't implying he was in too much pain to call a lawyer. What I meant was that perhaps he didn't really want to work anymore (I probably wouldn't if I had sinus cancer and an inoperable brain tumor). Maybe he and his family pared the bills down enough that they could get by with his unemployment benefits while he got treatments or whatever.

Maybe when they challenged those benefits he figured his only option was to fight back to ensure keeping his benefits.

**Silvahalo** · March 17th, 2010, 10:44 PM

Really sucks for this guy. I see mj becoming more and more of a common use for medical reasons. I'd say the law/govt has some reforming to do so people under such conditions/medication aren't caught in this type of loop-hole.

**Nell** · March 17th, 2010, 10:52 PM

Wal-Mart doens't have any light duty positions, you either do your job or you go.

Wrong. My mom works there and has for years. She broke her wrist there and even though she is suing them they gave her the job of hanging up clothes after people try them on. For the last 5 years.

Yeah Walmart sucks and they drag their heels on shit but they aren't the AntiChrist.