Marijuana and Employment Drug Testing

Marijuana and Employment Drug TestingMarijuana and Employment Drug TestingMarijuana is legal for medical and recreational use in some U.S. states. However, testing positive for it when an employer drug tests you can be an issue, whether you are a job applicant or an employee. The legal use of marijuana medically or recreationally varies from state to state. However, it is still considered illegal under federal law. In twenty-nine states, the District of Columbia, and the territories of Guam and Puerto Rico, it is legal for those dealing with constant pain or certain illnesses to legally use marijuana for medical reasons, as long as they carry a card showing they are a certified patient. To become a legal medical marijuana user, you need a recommendation or prescription from a doctor who is legally appointed by the state to prescribe medical marijuana.In nine of those states (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington) including the Dis trict of Columbia, cannabis can also be used recreationally. These evolving laws regarding marijuana use create challenges for lawmakers and employers who test applicants and employees for drug use. Federal and State Drug Testing Laws Under federal law, cannabis use is illegal, and employers in industries that are heavily regulated by the federal government screen their employees randomly and include drug testing as part of theirhiring process. For non-federally regulated employers, federal law doesnt require drug testing. However, there are state and local governments that enforce laws regulating drug testing. Employers have the legal right to maintain a drug- and alcohol-free work environment, and are allowed to testapplicants and employeesas long as the employer clearly informs those applicants and employees of the companysdrug testing policies,includingpre-employment screeningand random drug testing. In some cases, anoffer of employment may be conditionalpending the results of a drug test. These policies may be stated in the job description, but fruchtwein often will be stated in a clearly written agreement within the application or employee handbook, which applicants and employees are required to agree to and sign in order to be hired or maintain employment. Some employers have a company policy thatdirectly addresses marijuana use, while others do bedrngnis. Marijuana Drug Screening Issues Drug screening for marijuana has become a debated topic in states where medical and/or recreational use is legal. The biggest difference between alcohol and cannabis is how they are detected through testing. Alcohol does not linger in the bloodstream like marijuana does. Someone can fail a marijuana drug test weeks after using marijuana because the active ingredient, THC, takes a long time to leave the bloodstream. A positive test does not mean the person is impaired at that moment. Instead, it just shows that they used marijuana within the last few weeks or so. On the other hand, there areon-the-spot tests like the breathalyzer to determine the alcohol leveland subsequent impairment of an individual at that moment. This enables lawmakers to create laws regarding the consequences of having more than the legal limit of alcohol in your system. The technology to test marijuana levels with such accuracy has yet to be created.Without the ability to do accurate on-the-spot testing, it is challenging to determine what a legal level (the lowest level that does not cause impairment) of THC would be. Therefore, any trace can be considered exceeding the legal limit. Workplace Discrimination and Marijuana When someone holding a medical marijuana card is fired from his or her job because of a positive drug test, he or she could be considered avictim of workplace discrimination. Without the ability to test for actual levels of THC at the specific time the test is being performed, a person who tests positive for THC may not be actively high. Laws to reduce this type of workplace discrimination are being created to protect those using medical marijuana under the states medical marijuana program. Some employers are required to test employees under federal law or highly regulated safety laws for jobs like truck drivers or pilots where there is a legitimate basis for firing an employee who fails a random drug test. If an employer does not have to adhere to federal laws or safety regulations, the employer must carefully determine and provide reasons for firing a medical marijuana user who fails a drug test. Some states like Nevada and New York consider those who use cannabis for medical reasons as beinglegally disabled and have created laws taking this type of disability into consideration. These laws require employers to reasonably accommodate the medical needs of an employee who is a certified patient holding a legal medical marijuana card. Also in Nevada, starting in 2020, employers cannot refuse to hire a job applicant (with so me exceptions) for failing a marijuana screening test, making it the first state to pass such a law. In states where medical marijuana users are considered disabled, medical marijuana users cannot be legally fired because of a positive drug test. However, this only applies if the marijuana use does not keep the employee from doing his or her job, and does not affect the safety of the employee, other employees, the public, or anyone else in the workplace. If you are a medical marijuana card holder or someone who enjoys legalized recreational marijuana, research your state, your employers, or your future employers drug testing policy. You shouldnt assume that, because you are exercising your legal right to use cannabis outside of the workplace, you are immune to the repercussions your employer may impose on you as the result of a drug test that comes back positive for THC. The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own states laws or the most recent changes to the law.

What Debt Collectors Cannot Do to Collect Money

What Debt Collectors Canelend Do to Collect MoneyWhat Debt Collectors Canelend Do to Collect MoneyThe Fair Debt Collection Practices Act requires debt collectors to follow certain laws about how they treat you, and how the attempt to collect debts. But, this does not release you from your obligation to repay your debt. If you owe someone money, you should work on repaying your debt unless you plan to file for bankruptcy.Ignoring your obligations to others is likely to only increase your financial stress and could end up costing you more in the long run if you are sued by a collection agency.? All Debt Collectors are notlage Nasty Debt collectors often have a reputation for being nasty and for hounding people some buy up your debt from another creditor and then simply sue without even giving you a chance to work things out.But not all debt collectors are difficult to deal with, and if you try to work with them to resolve a debt, some can be very reasonable. For those who dont play by the rules and become unfairly tenacious in pursuing you, there are laws that protect you against unfair harassment, and there are also legal remedies and steps you can take to get creditors off your back.Just remember that with each action there is a consequence phone calls are recorded, letters are filed away so it is always in your best interest to be polite, fair, and professional because your words can come back to haunt you if you do end up in court. Debt Collectors are Doing Their Job Debt collectors are employees, and their job is to get money from people.How they go about it varies considerably, but their only purpose for contacting you is to resolve a debt.If you dont talk to them at least once to explain your situation (i.e., you are refuting the amount owed, or will pay it over time) they will keep calling you.If you dont take their calls, they may call family, friends, or just jump right into suing you for the amount you owe but they dont just magically go away and let you be. Sometimes, explaining your situation and offering a good faith payment is enough to turn a difficult debt collector into a reasonable one.Ultimately, debt collection companies just want to get money from you and if you do not have it right away, will usually accept payment plans over time.What they will not accept is someone simply refusing to pay or who slams down the phone (or does not take calls from creditors), and firing back angrily at a debt collector never gets you in their good graces. Refusing to acknowledge your responsibilities could result in your case being escalated, and you could end up in court.If you lose, you not only have to pay the debt, but you may also have to pay your legal fees and sometimes, even legal fees of the party who sued you. Restrictions on How Debt Collectors Can Contact You A debt collector may not contact you At inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agreeAt work, unless your employer approves, and you agree andIf you have an attorney, the debt collector must contact your attorney. A collector may contact third parties (including family, friends, etc.) to try and locate you, but they can only ask for your phone number and where you work. They cannot tell others that you owe money, and in most cases, can only contact a third party one time. A Debt Collector May Not Harass You The Fair Debt Collection Practices Act states that a debt collector may not harass, oppress, or abuse you or any third parties they contact. This means a collector cannot publish your name (except to a credit bureau), repeatedly call you, use obscene or profane language, or threaten you with acts of violence or another form of harm. It is important to remember that a threat to sue you is not necessarily abusive the law allows that anyone you owe money to can sue you if they choose to.If a debt collector is threatening to sue, knowing that at some point they might.It is always better to try to avoid going to court unless you do not owe the money and can prove it. Debt Collectors Must Tell the Truth Debt collectors may not lie or use any false or misleading statements when collecting a debt. Examples of what they cannot lie or mislead you about include who they are, work for, or their position misrepresent in any way, forms or letters sent to you how much you owe or that you have broken the law. Debt Collectors Cannot Make False or Empty Threats Debt collectors cannot make threats or use intimidation tactics to get you to pay a debt. This area gets a little tricky because it can be hard to know if a threat of further action or litigation is a tactic or something the debt collector intends to do. The best thing to do if you are threatened is to tell the collector that you understand the law prohibits them from making threats, and write down everything that was said to you, including the date, time, and person who called. A collector may not tell you that the y will have you arrested if you do not pay your debt. They also cannot threaten to take certain actions against, such as to taking your property, garnishing your wages, or filing a lawsuit. The key words are threaten to because a collector may be able to do these things if it is legal in your state. They just cannot be deceitful about their intentions. Debt Collectors May Not Use Unfair Practices The Fair Debt Collection Practices Act also restricts collectors from asking for amounts you do not owe this includes adding extra fees unless your state law permits them to do so. And, they cannot make you accept collect calls, or pay for telegrams or mailings in an attempt to contact you or collect debts. Unfair Practices also restricts debt collects from using a postcard to contact you. They must enclose all correspondence in an envelope so that no one else can read your mail.

What employees love and hate about the holidays

What employees love and hate about the holidays What employees love and hate about the holidays There are many factors to how holidays are handled in the workplace. Work schedules and demands, time off, decorations, and holiday parties all factor into how the season is incorporated into an office space and received by the employees who work there.Last year, we polled our readers to find out what they loved and hated about holidays in the workplace. We received nearly 3,000 responses! We explored both the good AND the bad because, well, that’s life! While we attempt to focus on the positive and provide hope for improving workplaces, we are also committed to being realitys include: gift exchanges among colleagues holiday meals together listening to Christmas and holiday music at work attending work-related holiday celebrations after work. The conclusion from these seemingly conflicting results?   Reading the stories people shared shed some light on the issue.   First,  people are different  (surprise!).   Some like certain activities, while others dislike them.   Secondly, and possibly more importantly,  how the activity was done  seems to have a big impact on people’s responses.   Was generosity involved (or did employees have to pay or do the work themselves)?   Were the interactions respectful or rude and hurtful?The worst of the badWe asked people to write and tell us examples of their  worst  holiday experience related to work. You can read samples of the  â€œmy worst holiday work experience”  stories submitted by over 900 readers. I’m sure you’ll have similar reactions as I did to some (“You’ve got to be kidding me!”).There were several, common, repetitive themes from the example stories shared. Each of the following topics had numerous examples given. having to work on the holidays or having to use PTO for the holiday; a lack of focus on the holidays, not being able to celebrate ‘Christmas’ (as opposed to a ‘winter celebration’, but also examples of being from a different religious background and feeling forced to celebrate Christmas); negative behaviors and poor judgment resulting from excessive consumption of alcohol; embarrassing experiences during White Elephant/Secret Santa gift giving. How to turn ‘what I hate’ into ‘what I love’If we only report the results without giving some practical suggestions, this exercise is a waste of time. So here are some  practical tips for employers and managers  that can be gleaned from the results: Leave ample time  for employees to work on the extra year end tasks and reports. Be aware that people feel a “time crunch” both in their personal lives as well as at work. Whenever possible, don’t create artificial deadlines for work to be completed.  If possible, let some of the tasks and reports be done in January. Don’t force  your employees to participate in gift giving exchanges (explicitly or implicitly). In fact, see how many people really want to participate; consider  not  doing a gift exchange activityâ€"the irritation created may not be worth the effort and keeping to prior tradition. Be sensitive  to scheduling issues and time requirements during the holidays, especially with regards to after work hours events. If you are going to have a meal to celebrate,  provide the food  (or at least the main course) and account for those who don’t eat meat. The best of the goodWhen asked what aspects of the holiday season they enjoy the most, time off work came in at the top. It was closely followed, though, by things that fall into the category of ‘the spirit of the season’: Christmas lights, listening to Christmas and holiday music, extra time with family and friends, the spiritual meaning of the holidays, and family traditions.When asked what they enjoy about things that happen  at their workplace  during the holidays, time off work was the clear winner. The other top responses involved sharing holiday meals with co-workers, enjoying Christmas cookies and holiday snacks, receiving a bonus, and having a special holiday party.When people sent us responses about their  favorite  work-related holiday stories, we were touched by the stories that were  both fun and heart-warming.SuggestionsAs I have stated previously to leaders and HR professionals, you can’t please everyone, so be ready for some negative responses, criticisms, and s uggestions for what to do differently next year.   These types of comments will almost certainly happen, so be ready, and don’t let them discourage you.Just as people differ, so do groups.   If at all possible, get input from the group (or representatives) ahead of time.   Listen to what they don’t want to do, and avoid those activities.   And try to incorporate at least  some  of what they suggest into the plan for next year’s celebrations.Finally, adopt a positive attitude:Smile,laugh,enjoy the food and your friends.Consider the desires and preferences of others.Determine to have a good time  regardless of other people’s reactions.Chances are good that you will!This article was originally published on AppreciationAtWork.