Worker Fired By Amazon For Medical Marijuana Wins Key Decision In Federal Court

Worker Fired By Amazon For Medical Marijuana Wins Key Decision In Federal Court

A former Amazon warehouse worker who sued the company after allegedly being fired over his use of medical marijuana is better positioned to win the case following a procedural ruling by a federal judge on Thursday. Last year, the ex-employee filed the suit, alleging that he was terminated after testing positive for THC and subsequently requesting a disability accommodation for his anxiety disorder to allow him to use cannabis in accordance with state law. And last week, he scored a small but significant procedural victory. After he sued last year in New Jersey Superior Court, Amazon filed to have the case moved to the federal U.S. District Court, where the plaintiff stood little chance of winning given that U.S. law prohibits marijuana regardless of state policies. But in the latest development, the federal court granted the ex-worker’s request for a motion to remand, meaning the dispute will be kicked back to the state Superior Court for consideration. The reason the judge granted the motion is because the plaintiff, who is known only by the initials D.J.C., filed to amend his suit by adding his former manager to it and removing references to the federal Americans with Disabilities Act (ADA). With those amendments, the suit side-stepped both factors that allowed Amazon to have the case transferred to federal court in the first place. The most important factor is “diversity jurisdiction.” Because the original suit only named Amazon, which is not based in New Jersey, that meant it involved parties in two…

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Source : MJ moment
Link to original : Worker Fired By Amazon For Medical Marijuana Wins Key Decision In Federal Court
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