Last week, the Nevada Supreme Court ruled that a Las Vegas casino worker who was fired for testing positive for marijuana is entitled to collect unemployment benefits. Jeffrey Simmons, a 10 year veteran of the casino, began using medical marijuana in 2013 to treat a disability. A year later, he was injured at work, and his mandated drug test came back positive for marijuana shortly after. As that was apparently against company policy, Simmons was promptly fired.
After a lengthy court process, Judge Jennifer Togliatti ruled in favor of Simmons, as his former employer could not produce the proper documents stating their marijuana policies. The court said, “The Las Vegas Club provided no evidence to show Simmons was aware that his conduct constituted a violation of the policy.”
The casino that employed Simmons has since shut down, however Simmons is now able to collect unemployment benefits.