Comments on: Marijuana legalization and employment law https://www.overlawyered.com/2010/11/marijuana-legalization-and-employment-law/ Chronicling the high cost of our legal system Sun, 07 Nov 2010 16:11:14 +0000 hourly 1 By: David Schwartz https://www.overlawyered.com/2010/11/marijuana-legalization-and-employment-law/comment-page-1/#comment-106833 Fri, 05 Nov 2010 08:43:35 +0000 http://overlawyered.com/?p=19985#comment-106833 I would find this argument sensible if we actually had anything resembling real at-will employment. But with the number of exceptions, complaining about this provision just doesn’t make much sense. That ship has long since already sailed. If you can’t fire an employee because he chose to stop going to church , why should you be allowed to fire him because he chose to start smoking pot?

Also, if pot consumption is legal, time the employer prohibits the employee from smoking pot is time that employee cannot engage in all of the normal activities of living. This means that time must be counted under California’s minimum wage law.

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