Took Marinol For My Crohns And it Showed Up on a Drug Test for Work. Willful Misconduct?
I had to go to the hospital for my Crohn's and they gave me a prescription for a pain pill. I also had a bottle of Marinol from another doctor for my Chrohn's, but it was old and I took one of those too. It showed up on my drug test.
Although I Showed them the old prescription bottle they still said it was a positive drug test and I was dismissed from work.
Any chance you could let me know which state this drug test happened in?
It could be relevant to know because if someone tells me they have been fired for failing a drug test .. I like to check on whether a state has a special provision
about drug testing in table 5-9 (2013's anyway) non-monetary issue comparisons by state.
I actually first had to find out what Marinol is and why a prescription for it might make an employer disregard the fact you had a prescription for it .. for what I assume is a condition which may offer protection under the Americans with Disabilities Act.
For those reading who don't know, Marinol's active ingredient is Dronabinol
, a synthetic form of THC or that which is found in Marijuana.
Indications for use of the drug to treat the pain for Crohn's Disease were not specifically mentioned online. However, it is used to curb weight loss in those diagnosed with anorexia, nausea, (I know someone with Crohn's and therefore that you had the prescription, now makes sense to me). Additionally, the drug's most common use is for those going through chemotherapy.
Was your former employer aware of your Crohn's Had it caused any issues with your attendance? Was FML a part of your employment equation?
Can you provide documentation from your physician verifying you have Crohn's and that he approves of you using Marinol to treat some of the symptoms of Crohns
Drug testing for indicators of illegal and legal marijuana is commonplace and certainly can result in a discharge rising to the level of willful misconduct However, I would certainly appeal to argue if Marinol is a legal prescription drug in the state where you live to treat your condition .. which I'm almost positive is a condition which can rise to a level called .. disability.
***Edited and moved on 12/19/13***