The Colorado Supreme Court ruled that a company can fire a worker for their use of marijuana off the job, even if there’s no evidence that they were impaired on the job.
Now, without even getting into the nuances of the case too far (the ruling hinged on the fact that marijuana is illegal federally, which could change in the future), there’s a more important point to be made here.
Companies that do so are shooting themselves in the foot. They send a message that they do not care about their employees, and that they have poor management skills, something which sends up red flags to competent potential employees.
The rush to drug testing by companies has reversed as more and more are discovering that they were sold a bill of goods by the drug testing industry and that there’s no evidence that drug testing provides a more stable or safer workforce. In fact, the more we learn, the more likely it is that it actually does the reverse â€” sure, it may weed out a few idiots who can’t figure out how to pass an employment drug test, but it’s more likely to deter qualified candidates, while giving administration a false sense of security that they’re actually doing personnel management, when that’s nothing of the kind.
I’ve been fortunate in that I’ve had the ability to stick to my principles and never work for a company that drug-tests. Not everyone is able to do so, but I think more and more, particularly as states move toward legalization, it will become a significant factor in the employment decision, and companies will quickly realize that spending a lot of money on drug testing an inferior work force will not make them competitive.