PITTSBURGH – A receptionist says she was fired from a Pittsburgh trucking company through discrimination and retaliation, for throwing away an empty box which had formerly contained her medical marijuana at work.
Christina Hesch of Leetsdale filed suit in the Allegheny County Court of Common Pleas on June 14 versus Pitt Ohio Express, LLC, of Pittsburgh.
“The plaintiff was employed by the defendant from March 15, 2018 until Nov. 14, 2019, at which time the defendant terminated her employment. At the time of her termination, the plaintiff’s job title was Corporate Receptionist. The plaintiff’s duties as Corporate Receptionist included: answering calls, directing and sending emails and light computer work,” the suit states.
“At all times relevant, the plaintiff performed the functions of her job competently and efficiently and was considered to be a satisfactory employee. The plaintiff was issued a medical marijuana card on July 7, 2019 for certain serious medical conditions treatable with medical marijuana. The plaintiff did not disclose the fact that she had been issued a medical marijuana card or that she used medical marijuana for treatment of her serious medical condition.”
Hesch stipulated she never went to work under the influence of medical marijuana and never brought medical marijuana to work.
“At the end of the day on Friday, Nov. 8, 2019, the plaintiff was getting ready to leave work for the weekend. She was going through her purse and decided to throw out some papers and other items into the trash can by her desk,” the suit says
“Among the things that she threw away were packaging for her medical marijuana, namely a box labeled ‘remedi by Cresco yeltrah-Capsules-Relax-Indica’, and a receipt for the purchase from the dispensary. Significantly, the box was empty and she did not have any medical marijuana in her purse or otherwise on her person when she threw away the empty box.”
A human resources supervisor approached Hesch the following Monday and confronted over the empty medical marijuana box found in the wastebasket, which had been found by a security officer.
Hesch explained that the box was empty, she is permitted to use medical marijuana, she had never used marijuana or was ever under the influence at work and that she did not possess marijuana at work.
After writing a statement explaining the information above, Hesch also apologized. However, company officials told her that her action was unacceptable and that it violated company policy, since she was not allowed to bring drugs into the building, the suit says. Hesch responded by asking how it was a violation to throw away an empty box.
Neither of the company officials present responded to her question, only offering that they would review her statement and Hesch was suspended until further notice, while they determined how to take further action, the suit says.
“On Thursday, Nov. 14, 2019, Maguire called the plaintiff and told her that she had violated company policy and that her employment was being terminated. The plaintiff again said that she had not done any drugs at work, had never been under the influence while at work and had not brought any medical marijuana into the workplace; all she did was throw away an empty box. Maguire said that she had violated company policy without providing any additional details,” the suit states.
For a count of discrimination and retaliation under the Pennsylvania Medical Marijuana Act, the plaintiff is seeking damages in excess of $50,000 and all appropriate remedies under the MMA, including attorney’s fees and costs.
The plaintiff is represented by Michael J. Bruzzese in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-006785
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com