Legal Question in Employment Law in Illinois

A company hired me, relocated me from California to Illinois, and was fired 2 weeks later for testing positive for marijuana; I have a valid prescription for medical marijuana for migraines; medical marijuana is legal in both states . I didn't document this as a drug I was taking because I only take it when I have a migraine. Since it stays in system for longer than a day, it showed up. My belongings are in route and they will not pay for remaining delivery. Do I have a case?

Asked on 1/12/18, 7:41 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

Illinois' medical marijuana act provides:

(410 ILCS 130/40)

(Section scheduled to be repealed on July 1, 2020)

Sec. 40. Discrimination prohibited.

(a)(1) No school, employer, or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would put the school, employer, or landlord in violation of federal law or unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or rules. This does not prevent a landlord from prohibiting the smoking of cannabis on the premises.

I think you should engage an attorney as soon as possible since your belongings are in transit. Many of us offer no cost case reviews. However, you should be prepared to pay for and engage and attorney right away. Good luck.

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Answered on 1/12/18, 8:09 am

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