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One to Keep An Eye On: Coats v. Dish Network, L.L.C., Colorado Supreme Court


As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  A quadriplegic man, Brandon Coats, lost his job at Dish Network after being fired for failing a random drug test as a result of off-the-job medical marijuana use.  Coats claimed he used marijuana to control muscle spasms which resulted from a car accident that left him wheelchair bound.  After being fired, Coats subsequently brought suit against Dish and claimed he had been unlawfully fired as the marijuana use was legal under Colorado state law and that he was never impaired while on the job. 

Looking Back:  The trial court upheld the firing and Coats appealed.  The Colorado Court of Appeals panel affirmed the lower court's ruling and held the firing of Coats was lawful since marijuana is illegal under federal law, employees have no protection to use it anytime they want. 

It is important to note here that Colorado prohibits an employer from firing an employee for lawful off duty conduct, referred to as the Lawful Off Duty Activities Statute.  As a result, Coats' argument that even though he tested positive for marijuana, he should be protected from being terminated, could in essence prevail so long as the drug use occurred during non-working hours (which what appears to have happened here).  However, the Court of Appeals noted that nothing illegal under federal law can be considered "lawful" under the Lawful Off Duty Activities Statute.  Consequently, any reliance upon the Lawful Off Duty Activities Statute proved to be unfounded.

The Main Issue:  Does the Lawful Off Duty Activities Statute protect an employee's right to use marijuana off the clock in a state that lawfully permits marijuana usage and not be subjected to being fired for failing a drug test, even if that drug usage violates federal law? 

Lower Court Opinion:  http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2013/12CA0595%20&%2012CA1704-PD.pdf

Current Status:  On January 27, 2014, the Colorado Supreme Court stated that it would review the lower court's opinion.

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