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Medical marijuana user sues over rescinded job offer after positive drug test

PENNSYLVANIA RECORD

Sunday, December 22, 2024

Medical marijuana user sues over rescinded job offer after positive drug test

State Court
Marijuana

PITTSBURGH -- Christina Jones recently filed a complaint in the Court of Common Pleas of Allegheny County against Compass Group d/b/a Crothall Healthcare, Inc for wrongful failure to hire.

According to the complaint, on August 20, Jones interviewed for a position as a patient ambassador at Allegheny Valley Hospital. The position involved conducting new admission visits, resolving housekeeping issues, and oversight of certain employee programs and activities. 

The offer was “contingent upon successful completion of reference and background checks . . ., which may include a criminal background check, credit check, and/or drug screening, depending on the requirements of [the] position.” 

Jones had a second interview on August 23, at which time she told Kassi Eckert of her status as a Medical Marijuana Identification Card holder. The position Jones interviewed for did not include having to handle or touch energized electrical equipment, work with chemicals requiring a permit by any governmental agency, involve the operation or physical control of high voltage electricity or any other public utility, and would not involve any life-threatening activities or risks to public health or safety. 

On August 27, Jones took the offer given to her for the position and she underwent the pre-employment urine drug test on September 3. Jones received a call on September 7 from the drug test facility telling her that she had "failed" the test for marijuana/THC and on September 10, Daniel Laemmle, a recruiter for the employment position, informed Jones over telephone that due to the drug screen, the company was rescinding the offer of employment.

Jones seeks back pay for all lost wages and fringe benefits of employment, defendant ordered to instate her to the position offered and punitive damages. Jones is represented by Christine T. Elzer of Elzer Law Firm, LLC. 

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