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Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability

by | Jan 14, 2025 | Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Wrongful Termination |

Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL 4988361 (3d Cir. Dec. 5, 2024), where the Third Circuit Court of Appeals reminded us that legal marijuana and job security do not always mix. Let’s break down what happened and why representing yourself pro se in an employment discrimination case is a one-way ticket to disaster.

Can Your Employer Fire You for Marijuana Use Even If It Is Legal?

Yes, they absolutely can. Sharon Mundy learned this the hard way. Despite working for the City of Pittsburgh for over a decade, Mundy was fired after testing positive for marijuana—violating a Last Chance Agreement she signed to save her job. The City argued that her termination was tied to this violation, not her asthma diagnosis or related FMLA absences.

The United States Court of Appeals for the Third Circuit agreed, emphasizing the City’s legitimate, non-discriminatory reason for termination. The Third Circuit Court of Appeals held that “Mundy offered no countervailing evidence to the City’s evidence of non-discriminatory reasons for her suspension and termination.” 2024 WL 4988361, at *3.

Here’s the reality: employers have the right to enforce drug-free workplace policies for several reasons:

  1. Federal Law Supremacy: Marijuana remains illegal under federal law as a Schedule I substance. Employers operating under federal regulations, such as transportation or healthcare, are obligated to prohibit its use.
  2. Workplace Safety: Impaired employees jeopardize safety, especially in labor-intensive jobs like Mundy’s, where focus and coordination are critical.
  3. Employer Policies: Employers may enforce drug bans to protect their reputation and comply with insurance mandates, even if marijuana is legal in your state.

Bottom line? Legal marijuana use does not shield employees from workplace policies—or being fired. Stated more simply, being fired for violating a work drug policy is not a wrongful termination.

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What Happens When You Use All Your FMLA Leave?

The Family and Medical Leave Act (“FMLA”) provides eligible employees with up to 12 weeks of unpaid leave for serious medical conditions, protecting their jobs during that time. But what happens when those 12 weeks are not enough and you need more time off for medical reasons? Many employees think they are out of options, but that is not always true. The Americans with Disabilities Act (“ADA”) can sometimes provide an avenue for requesting additional leave as a reasonable accommodation.

The ADA does not just protect against disability discrimination or make firing an employee for being disable a wrongful termination. Additionally, under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. This can include extending leave beyond the FMLA’s 12 weeks. However, employees must request this additional accommodation and provide medical documentation showing that it is necessary due to their disability.

In Sharon Mundy v. City of Pittsburgh, Mundy exhausted her FMLA leave and failed to report additional absences, leaving her job protections in limbo. While she could have requested extended leave under the ADA, she did not present evidence showing that her asthma required further accommodation. The Court held that the City acted in good faith by approving her intermittent FMLA leave and noted that she failed to request or justify additional accommodations. 2024 WL 4988361, at *2.

This highlights the importance of understanding how FMLA and ADA protections work together. If you need more time off after using your FMLA leave, you must make a formal ADA accommodation request with proper medical documentation. Failing to do so, as in Mundy’s case, can leave you vulnerable to termination.

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Should I Represent Myself? No, It Is A Terrible Idea

Representing yourself in an employment law case might seem like a cost-saving option, but it often backfires spectacularly. Mundy represented herself pro se, and her mistakes were costly:

  • Missed Deadlines: Mundy failed to respond to the City’s motion for summary judgment, essentially conceding the case.
  • Failure to Provide Evidence: Mundy didn’t submit counter-evidence to dispute the City’s claims, making it easy for the Court to rule against her.
  • Procedural Missteps: She filed motions for discovery extensions after deadlines passed and failed to demonstrate why additional discovery was needed.

Worse yet, a skilled attorney would have understood the nuances of employment discrimination laws and advised Mundy against pursuing claims that lacked legal merit. Instead of wasting time and resources on bad claims, an attorney would have focused on building a stronger case around the valid issues at hand. Mundy’s failure to navigate these complexities on her own sealed the fate of her case.

The Third Circuit Court of Appeals held that Mundy’s failure to present evidence or comply with procedural rules justified the District Court’s ruling. Representing yourself is like going into a heavyweight fight without a trainer—doomed from the start. Hiring a skilled employment attorney is essential to navigating complex legal requirements and building a strong case.

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How Do I Find the Best Lawyer for My Wrongful Termination Case?

If you are searching for the best attorney to handle your wrongful termination or discrimination case, you need a law firm that knows how to win. Spitz, The Employee’s Law Firm, is the right choice for employees who want results. With years of experience exclusively fighting for employees, we understand the challenges you face and have the resources to take on any employer, no matter how big.

Unlike general practice firms, we focus solely on employment law, which means we have a deep understanding of the complexities of these cases. Our no-fee guarantee ensures you pay nothing unless we win, and our history of successful outcomes speaks for itself. But what truly sets us apart is our commitment to you. We approach every case with empathy and care, offering personalized attention to ensure your story is heard and your rights are protected.

If you are ready to fight back against your employer and secure the justice you deserve, call Spitz, The Employee’s Law Firm today for a free consultation. We will review your case, explain your options, and help you take the first step toward a better future.

Employment Lawyer Disclaimer

This blog provides general information about employment law, wrongful termination, and employment discrimination. It should not be taken as legal advice. Each case is unique, and you should consult a qualified employment lawyer for personalized advice. No promises or guarantees are being made about the outcomes of any case. This blog is a legal advertisement by Spitz, The Employee’s Law Firm.