Superior Court Rules That Employee Who is a Certified Medical Marijuana User Can Sue For Wrongful Termination Under Medical Marijuana Act

Tort Talkers may recall the previous blog post on the decision by Lackawanna County Court of Pleas Judge Terrence R. Nealon in the of Palmiter v. Scranton Quincy Clinic Co., in which Judge Nealon ruled that an employee terminated from her employment due to her medical marijuana use as prescribed by her medical providers may sue for wrongful termination.

As an update, it is noted that the Pennsylvania Superior Court recently affirmed Judge Nealon’s decision. The Opinion can be found at Palmiter v. Scranton Quincy Clinic Co., No. 498 MDA 2020 (Pa. Super. Aug. 10, 2021 Dubow, J., Bowes, J., Stevens, P.J.E.) (Op. by Bowes, J.).

In a case of first impression upon appeal, the Pennsylvania Superior Court ruled that an employee fired for despite their status as a certified medical marijuana user may sue for wrongful termination. The court noted that the Plaintiff could pursue a claim for wrongful discharge under the Medical Marijuana Act after her hospital employer discharged her for a positive drug test.

Anyone wishing to review a copy of this decision may click this LINK.

Source: Article-“Employees Terminated for Medical Marijuana Use May Sue: Court.” By Aleeza Furman. Pennsylvania Law Weekly (Aug. 17, 2021).

Source: Photo by Christina Winter on Unsplash.com.