Tag Archives: unemployment

Medical Marijuana Users Eligible for Unemployment – Michigan

Employers that test employees for drug use – beware!

In Michigan, an employee who is terminated following a positive drug test may still be eligible to receive unemployment.  Ordinarily, an employee who is discharged for failing a drug test would be disqualified from receiving unemployment benefits under Michigan state law. Medical marijuana use is legal in the state of Michigan under the Michigan Medical Marijuana Act (MMMA).

In a recent appellate court decision, the Court ruled that registered patients who use marijuana for medicinal purposes consistent with the requirements of the MMMA and are terminated from employment for failing a drug test due to such use are entitled to receive unemployment compensation benefits. Denial of unemployment benefits, according to the Court,  is a “penalty” prohibited by the MMMA. The Court refused to find that the increased contributions employers will be required to pay as a result of the marijuana user’s receipt of unemployment benefits was a penalty to the employer.

“SharedWork Ohio” Allows Employers to Reduce Working Hours

SharedWork Ohio allows employers  to reduce the number of hours worked across an entire workforce rather than laying off a set number of employees.  The law requires employers to “promptly and adequately” respond to unemployment information request from the Ohio Department of Job and Family Services (ODJFS). Ohio employers can no longer ignore such requests without adverse consequences.

Under Ohio’s Unemployment Compensation Act, unemployment benefits that have been paid to an employee, which are subsequently found not to be due to the employee, are charged to a “mutualized account” and not charged to the account of the contributing employer.  Further, if these improperly paid benefits are not charged to the “mutualized account,” but inadvertently charged to the employer’s account, the law allows for the employer’s account to be credited that are recovered.