Medical marijuana user with ACLU sue WalMart over firing

[FrankRep]

Can they legally use a treatment modality prescribed for him as a grounds for termination ?

Big Government vs. Free Market Capitalism

 

[Juan McCain]

Big Government vs. Free Market Capitalism

It seems more of a case of the state law to allow prescription of cannabis vs. the federal standard (which WalMart is relying on here).
Tort is usually a "state law controlling" sort of thing.

 

[micahnelson]

Walmart is a corporation and has a corporate charter.

Corporate Charters are issued by the government, and as such those who hold them must abide by certain rules.

The government must act in the interest of the maximization of individual liberty.

If Walmart was a sole proprietorship, it should be allowed to hire and fire on a whim.

Walmart chose to become a corporate entity.

In cases where the rights of a Corporate Person are running afoul of the rights of a natural person, then the natural person should win- all things being equal.

So, yes. Wrongful termination. You can't fire someone for following the legal advice of a doctor.

If walmart didn't want to be subject to employment rules, they shouldn't have established themselves as a government-sponsored person.

 

[RokiLothbard]

A group of people who wish to have limited liability must give up their freedom of association? Lots of posters on dailykos would agree with you. Ron Paul wouldn't. I'm disheartened that it's even an issue here.

 

[dannno]

A group of people who wish to have limited liability must give up their freedom of association? Lots of posters on dailykos would agree with you. Ron Paul wouldn't. I'm disheartened that it's even an issue here.

A group of people who obtain limited liability from the state rather than the free market might have to follow special state rules.. so don't obtain limited liability through the state if you want to freely associate!! Seems pretty reasonable to me.. but the problem, of course, is that whether you are a corporation or not, you don't get to freely associate.. so unfortunately what is being described is merely a fiction.. and of course our banking system discriminates against non-corporate entities probably due to state protections, so that would be another deciding factor..

I think we all agree that state interventionism has caused a huge mess.. but sometimes one state interventionism will discriminate against the majority of the people (workers), and so another state intervention is brought in to bring more rights back to the people.. this system is incredibly inefficient, but I don't know that I completely agree that not implementing the second state intervention to bring more rights back to the workers is worse than merely having the state intervention which discriminates workers.. What do you think?

 

[squarepusher]

boycott walmart!

 

[Bruno]

Poor testing methods for Cannabis

I don't think this has been addressed yet, but it is often problematic because testing for marijuana doesn't show if you were under the influence at the time, but rather within weeks or months of the test.

"Casias' drug test was given after he injured his knee at work in November, but the positive result on the urine test only indicated drug use in recent days or weeks, according to the lawsuit in Calhoun County Circuit Court. Casias said the injury had nothing to do with marijuana use; he simply stepped the wrong way."

 

[jkr]

boycott walmart!

already there brutha