Melissa1568
New Member
The following scenario is what we're running into with respect to work. I've sent this letter off to someone this evening, but wanted to see what your take on it is.
I'm hoping you can guide me in the right direction. Sorry for the length in advance.
My boyfriend and I have both been approved to use medicinal Cannabis and carry an Illinois Department of Public Health Medical Cannabis Registered Qualifying Patients card.
While I am deemed disabled by Social Security and cannot work at this time, my boyfriend is employable; however, he is consistently blackballed by the owner, (Dr. X), of a company called SafeWorks Illinois Occupational Health Services. Unfortunately the majority of the businesses where we live, and those in the surrounding areas, utilize his services for drug screenings and physicals. The first time he was sent to him for testing, my boyfriend passed 2 drug consecutive tests. Then, the company called and said he passed and now he needed to come in for a physical, then he could start work. He returned for the physical, and instead was told to take another drug test. He never heard from the testing company or the potential employer thereafter. He brought them a letter from our Compassionate Care Doctor stating that he was approved by the state for use of medicinal Cannabis, and was fully able to perform his work duties to his fullest extent. (He had been working as a Fabricator, CNC Machine Operator, and Welder for 6+ years). Our Doctor also explained my boyfriend's diagnoses, for which he receives medical Cannabis; Scheuermann's Disease and Carpal Tunnel, both of which are progressive diseases and won't immediately impact him, or his work. SafeWorks never responded to the letter.
Afterwards I convinced my boyfriend to try a temp agency. He went to a temp agency, where he was tested, and had a letter from our Doctor prepared if anything was questioned. After he took the test, he and the representative looked at the test, which showed he had THC in his system and thus tested positive for Marijuana. She decided to approve him for work anyway and contracted him for a Welding position. He began working for a company and did so well, that they wanted to hire him on permanently. He told them he uses medicinal Cannabis, approved by the State of Illinois. They said that they had no problem with that. They said, however, that it's protocol for them to send him to SafeWorks, (back to Dr. X), for a drug test and physical. So he returned to SafeWorks for testing and of course failed the drug test. Dr. X, who was provided with the necessary paperwork prior to the 2nd company's testing request, asked for our Doctor's credentials, more information on the state certification, more records regarding the specific x-rays, and all side notes, etcetera. Our Doctor's office was beside themselves, and had never had anyone request anything other than the original Doctor's letter. They said the IL State Certification and our Doctor's letter should have sufficed, that Dr. X was over-stepping his boundaries, and becoming too personal. Our Doctor explained in great detail what the diseases were and how it impacted him. It was a little dumbed up, so Dr. X probably felt threatened, but none-the-less, our Doctor made it crystal clear. Dr. X apparently has a multitude of degrees latched onto the back of his name; respectfully. However, he has not established a patient-doctor relationship with my boyfriend; and continues to hassle him regarding the use of Cannabis. While waiting for the records to be processed, my boyfriend had lost a week's worth of pay. Additionally, he was given a physical by Dr. X's assistant, who said he passed and did just "fine". She knew he had Scheuermann's Disease and Carpal Tunnel, but his results were fine. Being that he'd been working for 6+ years without an accident, and passing his physical at SafeWorks, you'd think he'd be ready to go back to work; where he had been working for 4-5 months. However, Dr. X waited a week to deny him employment, stating that if he were to work there, he would be posing a direct threat to his own health and to those around him as well; in so many words. So needless to say, he was let go. Dr. X was only supposed to perform a drug test and a physical, but instead, in a sense, told him how disabling these diseases were and how he shouldn't be working; not in those words, but to sum it up. So Dr. X/SafeWorks cost him his livelihood once again. Because he did a great job at the company he was working for, they want to give him a good working reference.
So he returned to get work through the temp agency. But, they said he needed to get a physical; this was rich since he wasn't required to prior to this. He went the next business day and got one; even though he couldn't afford it. He returned to the temp agency and the same representative who screened him for drugs stated he needed to take a drug test again. He said to her, you know I'll fail and I have my letter. Knowing he failed last time, and that she passed him for work, she said she should've never hired him the first time, and that they don't accept people who use legal medical Cannabis. So, once again, there he was with no work. We both spoke to the manager. I told her that he was hired 5 months ago by them; knowing that he had Marijuana in his system the representative still hired him. She didn't know he had been hired. She called corporate and they said they had a zero tolerance policy, which is why he cannot work for them. She apologized. She said they used to use SafeWorks for drug screenings and physicals too, but stopped for this very reason; Dr. X blackballs potential employees from work. Since he's trying to get unemployment through a temp agency, and you're supposed to check in weekly for work according to the Unemployment Service, he will show as inactive, which may hurt his chances of receiving unemployment. I asked her for a letter stating that he had been fired from the temp agency for use of state-approved legal Cannabis, and not because he is incapable of performing his job duties. She said she might get into trouble from the corporate office if they know he was hired in the first place. I told her, he will still need the letter for his records, and that we're not responsible for her representative's choice to hire him; knowing he had medicinal Marijuana in his system. We're currently waiting to hear back.
Do you think that Dr. X, Owner of the SafeWorks is biased, or is discriminating against my boyfriend; based on his state-approved use of Cannabis, and that Dr. X cannot find any other loophole (since the company wanted to hire him permanently regardless of his use of medicinal Marijuana), so he is submitting this letter to deter him from becoming employed, period?
What can we do? I've spoken to a lawyer who said no one will take his case since companies are legally within their rights to fire him, or not hire him because of the Cannabis. I asked the lawyer about SafeWorks and discrimination, and he didn't want to be bothered by it. I've went to 2 news-stations as well, to see if they'll run a segment providing awareness for Cannabis, the medicinal affects, patient, doctor, and advocates viewpoints, as well as employment concerns. I'm waiting to hear back.
Do you think that the temp agency should provide him with a letter specifying why he was fired?
I'm sorry for the lengthy letter. We have no one else to talk to. And thought advocacy was the way to go.
I'm hoping you can guide me in the right direction. Sorry for the length in advance.
My boyfriend and I have both been approved to use medicinal Cannabis and carry an Illinois Department of Public Health Medical Cannabis Registered Qualifying Patients card.
While I am deemed disabled by Social Security and cannot work at this time, my boyfriend is employable; however, he is consistently blackballed by the owner, (Dr. X), of a company called SafeWorks Illinois Occupational Health Services. Unfortunately the majority of the businesses where we live, and those in the surrounding areas, utilize his services for drug screenings and physicals. The first time he was sent to him for testing, my boyfriend passed 2 drug consecutive tests. Then, the company called and said he passed and now he needed to come in for a physical, then he could start work. He returned for the physical, and instead was told to take another drug test. He never heard from the testing company or the potential employer thereafter. He brought them a letter from our Compassionate Care Doctor stating that he was approved by the state for use of medicinal Cannabis, and was fully able to perform his work duties to his fullest extent. (He had been working as a Fabricator, CNC Machine Operator, and Welder for 6+ years). Our Doctor also explained my boyfriend's diagnoses, for which he receives medical Cannabis; Scheuermann's Disease and Carpal Tunnel, both of which are progressive diseases and won't immediately impact him, or his work. SafeWorks never responded to the letter.
Afterwards I convinced my boyfriend to try a temp agency. He went to a temp agency, where he was tested, and had a letter from our Doctor prepared if anything was questioned. After he took the test, he and the representative looked at the test, which showed he had THC in his system and thus tested positive for Marijuana. She decided to approve him for work anyway and contracted him for a Welding position. He began working for a company and did so well, that they wanted to hire him on permanently. He told them he uses medicinal Cannabis, approved by the State of Illinois. They said that they had no problem with that. They said, however, that it's protocol for them to send him to SafeWorks, (back to Dr. X), for a drug test and physical. So he returned to SafeWorks for testing and of course failed the drug test. Dr. X, who was provided with the necessary paperwork prior to the 2nd company's testing request, asked for our Doctor's credentials, more information on the state certification, more records regarding the specific x-rays, and all side notes, etcetera. Our Doctor's office was beside themselves, and had never had anyone request anything other than the original Doctor's letter. They said the IL State Certification and our Doctor's letter should have sufficed, that Dr. X was over-stepping his boundaries, and becoming too personal. Our Doctor explained in great detail what the diseases were and how it impacted him. It was a little dumbed up, so Dr. X probably felt threatened, but none-the-less, our Doctor made it crystal clear. Dr. X apparently has a multitude of degrees latched onto the back of his name; respectfully. However, he has not established a patient-doctor relationship with my boyfriend; and continues to hassle him regarding the use of Cannabis. While waiting for the records to be processed, my boyfriend had lost a week's worth of pay. Additionally, he was given a physical by Dr. X's assistant, who said he passed and did just "fine". She knew he had Scheuermann's Disease and Carpal Tunnel, but his results were fine. Being that he'd been working for 6+ years without an accident, and passing his physical at SafeWorks, you'd think he'd be ready to go back to work; where he had been working for 4-5 months. However, Dr. X waited a week to deny him employment, stating that if he were to work there, he would be posing a direct threat to his own health and to those around him as well; in so many words. So needless to say, he was let go. Dr. X was only supposed to perform a drug test and a physical, but instead, in a sense, told him how disabling these diseases were and how he shouldn't be working; not in those words, but to sum it up. So Dr. X/SafeWorks cost him his livelihood once again. Because he did a great job at the company he was working for, they want to give him a good working reference.
So he returned to get work through the temp agency. But, they said he needed to get a physical; this was rich since he wasn't required to prior to this. He went the next business day and got one; even though he couldn't afford it. He returned to the temp agency and the same representative who screened him for drugs stated he needed to take a drug test again. He said to her, you know I'll fail and I have my letter. Knowing he failed last time, and that she passed him for work, she said she should've never hired him the first time, and that they don't accept people who use legal medical Cannabis. So, once again, there he was with no work. We both spoke to the manager. I told her that he was hired 5 months ago by them; knowing that he had Marijuana in his system the representative still hired him. She didn't know he had been hired. She called corporate and they said they had a zero tolerance policy, which is why he cannot work for them. She apologized. She said they used to use SafeWorks for drug screenings and physicals too, but stopped for this very reason; Dr. X blackballs potential employees from work. Since he's trying to get unemployment through a temp agency, and you're supposed to check in weekly for work according to the Unemployment Service, he will show as inactive, which may hurt his chances of receiving unemployment. I asked her for a letter stating that he had been fired from the temp agency for use of state-approved legal Cannabis, and not because he is incapable of performing his job duties. She said she might get into trouble from the corporate office if they know he was hired in the first place. I told her, he will still need the letter for his records, and that we're not responsible for her representative's choice to hire him; knowing he had medicinal Marijuana in his system. We're currently waiting to hear back.
Do you think that Dr. X, Owner of the SafeWorks is biased, or is discriminating against my boyfriend; based on his state-approved use of Cannabis, and that Dr. X cannot find any other loophole (since the company wanted to hire him permanently regardless of his use of medicinal Marijuana), so he is submitting this letter to deter him from becoming employed, period?
What can we do? I've spoken to a lawyer who said no one will take his case since companies are legally within their rights to fire him, or not hire him because of the Cannabis. I asked the lawyer about SafeWorks and discrimination, and he didn't want to be bothered by it. I've went to 2 news-stations as well, to see if they'll run a segment providing awareness for Cannabis, the medicinal affects, patient, doctor, and advocates viewpoints, as well as employment concerns. I'm waiting to hear back.
Do you think that the temp agency should provide him with a letter specifying why he was fired?
I'm sorry for the lengthy letter. We have no one else to talk to. And thought advocacy was the way to go.
