For example, on vacation in Amsterdam, visiting (and participating) in the "coffee shop experience." Then going back to work and failing a subsequent drug test, leading to termination. The law was not broken while it was being consumed, and not on US soil. Just curious.
2007-08-19 03:46:49 · 15 answers · asked by hnlinton 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
For those who think this is in regards to personal experience, no, I don't touch the stuff. This was a question that came up at the bar one night and we thought one of us would post and see what people thought, hopefully getting an answer from a legal expert at some point. Personally, I don't even drink alcohol when I go to the bar. I've gone straight edge since having kids.
2007-08-19 09:29:56 · update #1
I'm a nurse, I'm not that stupid, Madi m. But I DO push buttons regarding societal rules where there is an interest.
2007-08-19 09:36:54 · update #2
Technically, the sale of cannabis remains an offence in Holland, and dealing in the streets remains illegal. Even so, possession of less than 30 grams for personal use carries only a minor punishment, and coffee shops are restricted to flogging no more than five grams per person. The catch is you have to be 18 or over. Smoking in public is usually tolerated, too, although recently, I've seen signs prohibiting it.
You have broken no US laws, so you are ok on that front HOWEVER, if you must be drug tested for any reason it doesn't matter where it came from. You can still be fired for it. It would still count against you in any court related issues, i.e. child custody.
So, the answer is YES, your company can legally fire you. They have a policy against drug use and you went against it.
2007-08-19 03:49:36 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Well, you weren't terminated as punishment for breaking a law -- you were terminated for using drugs, whether legal or not. You broke one of the rules of your workplace, which aren't necessarily related to any law. Many workplaces might fire you for drinking alcohol on the job, which is perfectly legal throughout the U.S., and in all but some Muslim countries.
2007-08-19 03:55:39 · answer #2 · answered by Califrich 6 · 4⤊ 0⤋
Yes - depending upon your job. For example, if you are a police officer here and go to a country where certain drugs are legal, and you take them and then return to work and fail a drug test, you can still be terminated for taking drugs. It wouldn't matter whether they were legal where you took them or not.
2007-08-19 03:53:00 · answer #3 · answered by Jeff 4 · 2⤊ 0⤋
Getting fired for failing a drug test is not being punished for breaking any law - and if you smoked it in Amsterdam and it's legal there, you didn't break a law. You would be getting fired for breaking a company policy - and yes, they can legally fire you for that.
2007-08-19 03:52:46 · answer #4 · answered by Judy 7 · 3⤊ 0⤋
No, only if you bring it back. That is why those places in Europe with legalized drugs are popular vacation spots for drug users.
However, if your company that you work for does drug testing, you can legally be fired if you show up positive.
2007-08-19 08:54:49 · answer #5 · answered by Expert8675309 7 · 0⤊ 0⤋
It would be at the discretion of your job. Employers are becoming more strict on how employees conduct themselves when they are not on company time. To them you are a reflection of the company and if you are behaving in a way that could be considered offensive or illegal and they find out, you could be terminated because you are not projecting the proper image. It sucks, but I wouldn't test a policy like that if the job was that serious to me, I wouldn't indulge.
2007-08-19 08:28:27 · answer #6 · answered by howuderrn! 3 · 0⤊ 0⤋
They aren't being 'punished', they are being fired. They aren't being fined or put in jail. They were told when they were hired that if they use drugs, they'd be fired. If they took they job, they knew the rules. So yes, I think a company can do that legally.
2007-08-19 13:24:51 · answer #7 · answered by Crystal 4 · 0⤊ 0⤋
If your being dt in American and fail a test it doesn't make a difference. You failed! They are not going to research where you smoked it. It can last in your system up to and over a month long. Most people are being dt because of a job, rehab, or court order so your taking a risk.
2007-08-19 03:53:18 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Tech, no, but legally yes because for example your job requires you to be 100% drug free...ie airline piolit, or doctor, your job is in us state and federal law makes the use of it illegal...even in states where you can use for medical reasons ...not if you have a sensitive job.
2007-08-19 19:38:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Your job's requirements to be drug free won't be based on where you did this. The simple fact that you had a banned drug in your system at the test would be all that mattered.
2007-08-19 03:57:18 · answer #10 · answered by Anonymous · 3⤊ 0⤋