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Brianna Grobelny
Bullet point
Sales Store Manager at Metro Mattress From my understanding of the new labor laws in NY state(Oct 21st, 2021), an employer can include cannabis on a drug test panel but the employer CANNOT use a positive cannabis test result as a hiring decision unless it is a federal or DOT position(with a few exceptions far and in between). This is because cannabis is a legal consumable product in NY, just like alcohol. Upon further research, these new labor laws for NYS even protect positions that require licenses, certifications, or degrees. With that being said, I don't understand how it is legal to be turned down for an assistant store manager position solely based on a positive cannabis result. The drug testing facility called to inform me of the positive cannabis result and asked if there was a medical Marijuana card and I explained that there wasn't one because it has been legal for over a year and a half and the laws now protect employees. The facility said the results would be sent with the next 2 hours. Immediately after speaking to the testing facility, I called the hiring manager(the store manager who was new to his position and the company (he was also an old coworker)), and informed him of the situation and results. He was not even aware they tested for cannabis and said he'd look into it. He called many people up the chain. He called back and informed me that the position was no longer being offered due to the positive cannabis result. He also said that the company would most likely be changing its policy in the near future. The background check had already come back and the only thing they were waiting on was the drug test results. About 2.5 hours later(very shortly after the time that the testing facility said the employer would receive the results) a contract was sent out after they received the drug test results(everything was negative except for cannabis). When I received the contract in my email, I reached out to the hiring manager explaining they sent me the contract and maybe HR was already aware of the laws put in place pertaining to cannabis use outside of the workplace. He reached out to HR and told me the same thing as before, the position is no longer being offered due to the positive cannabis result. At this point I wrote a long email to the HR department asking for an explanation as to why their company was an exception to this law. I have yet to hear anything back. Does anyone have any advice on how to go about this situation? Thank you in advance! P.S. negative comments need not waste their time.

#DrugTest #Cannabisislegal #DOL #LaborLaws #Cannabis #NYS #NewYorkState

almost 2 years ago
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