Dude, I Think He’s High…Can I Fire Him?

Oftentimes clients ask, “When we think an employee is high, can we fire him?” My answer is consistently the same, “That depends.” It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he’s high, but most importantly, what is your risk tolerance?

In at-will states (of which many are), an employer can terminate an employee for any reason as long as it is not in violation of a law. The problem is, the list of laws which protect employees continues to become longer and longer. Employee protections related to the use of controlled substances is no exception. We see the ADA, state marijuana laws, OSHA, state drug testing laws, and other fair employment practices laws consistently affecting the marijuana in the workplace analysis.

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Worked to Death in the Keystone State

While we often remind employers that complaints about on-the-job stress could be a reportable event to a workers’ compensation carrier, we do not often warn employers not to work their employees “too hard” or “to death.” In this case, however, that was exactly the question at issue—did Lower Bucks County Joint Municipal Authority work an employee to death?

Robert Dietz worked for the Lower Bucks County Joint Municipal Authority as a field maintenance worker, doing work involving heavy physical labor, for 20 years. On November 7, 2007, however, Mr. Dietz suffered a fatal heart attack while working—he was 48 years old. As a result of his death, his wife, Judith Dietz filed a fatal claim petition with the Workers’ Compensation Board alleging that Decedent’s work caused his heart attack and death.

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