In the case of Mauger v. Scranton Hospital Company, LLC, No. 2023-CV-2381 (C.P. Lacka. Co. Aug. 5, 2026 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued a detailed Opinion outlining the law surrounding a cause of action for wrongful discharge as a tort claim.
This matter arose out a situation involving a hospital nurse who filed suit against his former hospital employer asserting a single cause of action for wrongful discharge.
Judge Nealon's Opinion provides a thorough review of the law regarding an employee's use of medical marijuana any impact of the need for such medication on that person's employment status.
The Plaintiff cited to the Medical Marijuana Act, which, in part, prohibits an employer from discharging or otherwise discriminating or retaliating against an employee based upon the employee’s status as a certified medical marijuana user. The Plaintiff alleged that he was terminated by the hospital based upon a drug screen test that was positive for marijuana that was due to his prescribed use of medical marijuana.
The Plaintiff was later reinstated by the hospital following the filing of a union grievance. However, the Plaintiff subsequent resigned from his position allegedly due to the constant micromanagement and correction by a supervisor. The Plaintiff later filed suit for wrongful discharge.
The issues in this matter came before the court on a Motion for Summary Judgment filed by the hospital.
Given the presence of various issues of fact before the court, the hospital’s Motion for Summary Judgment was denied with respect to the nurse’s wrongful discharge claim.
However, the court did grant the hospital’s Motion for Summary Judgment relative to claims of a hostile work environment, and relative to claims of constructive discharge.
The court otherwise also granted the hospital's Motion for Summary Judgment relative to the nurse’s claims for punitive damages and for counsel fees.
Anyone wishing to review a copy of this decision may click this LINK.
The Plaintiff cited to the Medical Marijuana Act, which, in part, prohibits an employer from discharging or otherwise discriminating or retaliating against an employee based upon the employee’s status as a certified medical marijuana user. The Plaintiff alleged that he was terminated by the hospital based upon a drug screen test that was positive for marijuana that was due to his prescribed use of medical marijuana.
The Plaintiff was later reinstated by the hospital following the filing of a union grievance. However, the Plaintiff subsequent resigned from his position allegedly due to the constant micromanagement and correction by a supervisor. The Plaintiff later filed suit for wrongful discharge.
The issues in this matter came before the court on a Motion for Summary Judgment filed by the hospital.
Given the presence of various issues of fact before the court, the hospital’s Motion for Summary Judgment was denied with respect to the nurse’s wrongful discharge claim.
However, the court did grant the hospital’s Motion for Summary Judgment relative to claims of a hostile work environment, and relative to claims of constructive discharge.
The court otherwise also granted the hospital's Motion for Summary Judgment relative to the nurse’s claims for punitive damages and for counsel fees.
Anyone wishing to review a copy of this decision may click this LINK.
Source of image: Photo by Budding on www.unsplash.com.
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