BATTLE CREEK (WWJ) – It was in 2009 when a Walmart employee was fired after testing positive for marijuana use. WWJ’s Rob Sanford said the man claimed he was using marijuana for medical purposes and sued the discount retailer. He lost that lawsuit, but the ordeal may not be over just yet.
Thirty-year-old Joseph Casias of Battle Creek was receiving treatment for a brain tumor and was suffering a good deal of pain. In order to relieve it, he smoked marijuana to reduce his nausea.
When he was asked to submit a drug test by Walmart, his then-employer, Casias obliged. Results confirmed he tested positive for marijuana, thus failing the test. He was fired.
Casias sued Walmart for his termination, but the suit was thrown out by a federal judge last winter.
Now, the American Civil Liberties Union is asking the 6th Circuit Court of Appeals to reinstate the lawsuit, based on Michigan’s medical marijuana law.
A Walmart spokesman told the Detroit Free Press the decision to fire Casias, who worked as an inventory control manager, was a safety issue.