Worker can sue employer over medical marijuana-related firing

A Pennsylvania state appeals court has ruled that an employee who was terminated because of her medical marijuana use can sue her former employer under state law.

Pamela Palmiter, who had worked as a medical assistant for Scranton Quincy Clinic Co. LLC after it was acquired by her previous employer, was a medical marijuana user — which was permitted under the state’s Medical Marijuana Act, according to Thursday’s ruling by the Superior Court of Pennsylvania in Scranton in Scranton Quincy Clinic Co., LLC  et al. v. Pamela Palmiter.

In January 2019, she applied for a job within the company as a certified medical assistant and took an employment-related drug test although she had indicated she was a medical marijuana user. She was nevertheless told she could not work for the hospital based on her drug test. 

Ms. Palmiter filed suit against the company on charges including violation of the MMA, on the basis the law provided for a private right of action, and that she was wrongfully discharged based on a violation of public policy. 

The trial court ruled in her favor on these issues but agreed with the hospital to have them considered by a state appeals court.

“Although the (Pennsylvania) General Assembly did not expressly create a private right of action on behalf of an employee whose employer discriminated against her for medical marijuana use, it proclaimed a public policy prohibiting such discrimination,” the appeals court ruling said.

“Furthermore, we find additional indications that the legislature intended to create a private remedy for violations (of a provision of the medical marijuana law), which focuses on protecting employee-patients certified to use medical marijuana, such as Ms. Palmiter, from employers who would penalize them for availing themselves of the benefits conferred by the statute,” the ruling said in remanding the case for further proceedings.

In June, Pennsylvania lawmakers introduced legislation that would free workers compensation insurers or self-insured entities from being required to provide coverage for or reimburse the cost of medical marijuana.

This website states: The content on this site is sourced from the internet. If there is any infringement, please contact us and we will handle it promptly.