A Parlin man sued Amazon after declaring that he had been released from his camp job because he failed a drug test – even though he claims he has a valid marijuana card.
The man who was only in court documents as D.J.C. is accused of having violated his civil rights under the Disability Act when he was released from the Amazon warehouse on Route 27 in Edison. His lawsuit states that he was prescribed medical marijuana after being diagnosed with anxiety and a panic disorder.
Amazon did not respond immediately to a request for a comment.
Governor Phil Murphy expanded in March 2018 the list of diseases that could qualify for treatment with medical marijuana. Anxiety was added to this list.
The lawsuit alleged that the man had been "deprived of his salary, benefits, financial security, work pleasure, suffered damages and property damage and loss, and continued to suffer from emotional distress, anxiety, insomnia, humiliation, embarrassment, nervousness Fears and emotional problems and emotionally upset and had violated his civil rights. "
The man started working as a warehouse worker in February 2017 and was not disciplined before leaving the company, according to the lawsuit. In July 2018, he announced that he had been told to do a random drug test for oral fluids and that he had been sent to AmCare, an office at the Edison Fulfillment Center.
D.J.C tried to tell the collector, who was not identified in the lawsuit, what recipes he was taking, the complaint said. It was said that he could disclose his prescriptions if he got a positive result.
A month later, according to the prosecution, an Amazon employee told him at the Edison warehouse that he would be fired for failing to pass the drug test. D.J.C showed the personnel adviser his valid medical marijuana card according to the lawsuit.
The man was then told that he would not be terminated, but must have temporarily paid leave until he has received a certificate of fitness from a doctor, it was said in the lawsuit. His suit claims, however, that he was not paid for the shift he had worked on the day of the meeting.
He was also told that Amazon Accounts staff would contact him within 24 hours to let them know if further documentation was required. His suit claims nobody ever reached him.
About two days later, the doctor of D.J.C. the documents and showed that he was fit for work and used medical marijuana for a valid disability, it said in the lawsuit. When the man contacted Amazon's staff, he was told that his records would be attached to his local HR department, the lawsuit said.
Less than a week after his vacation, the man was told that he was formally released for failing to report his medical marijuana prescription to anyone before the test.
It is unclear when the documents of his doctor were submitted. The lawsuit says that about one day after the second Human Resources meeting at Edison's office, he sent documents to Amazon's general e-mail address. Another Human Resources representative from Amazon called him six days later to re-inform him of his dismissal.
The lawsuit claims D.J.C. was blacklisted by companies owned by Amazon. He claims he tried to apply to Whole Foods, but the store told him that he would not be considered due to his termination by Amazon.
A state appeals court ruled in a separate case in April that employees can not be dismissed if they have undergone a drug test if they are medical marijuana patients. The Supreme Court of the State approved this case this summer.
Rebecca Panico is under reachable email@example.com, Follow her on Twitter @ BeccaPanico,