Fired For Smoking Weed? MI AG Says You Should Still Get Unemployment
And they said your vote doesn't count.
Because YOU (Michigan) voted to "legalize it", now the implications of that vote might protect you if you get fired and file for unemployment.
And Michigan Attorney General Dana Nessel is all for it.
You can hire and fire at will, but you can not deny.
Let's remember a couple of things about the state of Michigan. It is an "at will" state. What does that mean?
In general, an employer can discharge an employee for a good reason, bad reason, or no reason at all. An employee may challenge his/her discharge if it was based on discriminatory action specifically protected by statute. (michigan.gov)
So the law is on their side when it comes to them sacking you. For whatever reason. Even if they drug tested you to get the job and later fired you because they thought you were high or whatever.
As long as it wasn't a discriminatory action, they can do it for whatever reason. Thus "at will".
Now here comes the part where they CAN'T do something based on you and your LEGAL marijuana use off the clock.
First off, it's legal because the State of Michigan voted to LEGALIZE IT.
What you do on your time is your business.
So if weed has been legalized and if you engage in the use of said legal product on your own time, even if you get fired for whatever reason, your employer can't and shouldn't be allowed to deny you unemployment benefits because of that.
Here's legal speak from the AG:
...it should be common sense that engaging in a legal activity that does not affect an individual’s work would be a poor basis for denying an individual the necessity of unemployment benefits. This applies to the off-duty and legal recreational consumption of marijuana, just as it would to the medical use of marijuana or any other legal activity, for that matter. In 2018, the People of Michigan legalized the recreational use of marijuana. (michigan.gov)
That's the opinion of Michigan's AG. She wrote it in something called an amicus brief and you can peep that story from our broadcast partners at WILX NEWS TEN, your breaking news and weather authority.
Please work and "enjoy" responsibly.