Ex-UCLA Phlebotomist Awarded $1.6 Million in Harassment Lawsuit

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA Medical Center, Santa Monica, failed to investigate when supervisors harassed and insulted her and several other African-American employees. Additionally, she alleged that she was fired from her job as a phlebotomist after raising concerns about the issue, according to the verdict filed in  Los Angeles Superior Court.

Alleged Hostile Work Environment.

According to Birdnne’s complaint, she began working at UCLA Medical Center Santa Monica, as a phlebotomist in 2015. Shortly after, she claims coworkers made disparaging remarks about the color of her skin and racially stereotyped her in Spanish. In June of 2016, the UC Board of Regents abruptly terminated her employment despite the fact that she had never previously received any kind of disciplinary action against her.

Following her termination she filed a complaint in 2017, alleging that the UCLA Health created a hostile work environment. Additionally, she alleges that the University of California Board of Regents violated California’s Fair Employment and Housing Act for harassment, race and age discrimination, and retaliation, according to the complaint.

To read the verdict for this case in full, click here.

Click here to read one of my prior blogs that also deals with discrimination in the workplace.

Contact Health Attorneys Experienced in Health Law and Employment Law.

The Health Law Firm represents both employers and employees in the health care industry in defending allegations of employment discrimination and other complaints from employees and patients. We represent employers and employees in unemployment compensation hearings, in defending against EEOC (discrimination) complaints, and in defending litigation involving wage and hour disputes, as well as other types of contract or employment litigation. We also can investigate such allegations and attempt to negotiate settlements where warranted. Our attorneys represent individuals and institutions in litigation, civil or administrative, state or federal.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“UC Regents to Pay $1.5 Million in Hostile Work Environment Case.” Associated Press. (August 7, 2019). Web.

Stawiki. Kevin. “Ex-UCLA Blood Tech Wins $1.6M In Racial Harassment Suit.” Law360. (August 7, 2019). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for healthcare employee discrimination, legal representation for home health facilities, nursing home legal representation, home health care facility legal presentation, nursing law defense attorney, legal representation for discrimination in health facilities, intentional infliction of emotional distress lawyers, legal representation for physicians and health facilities accused of wrongdoing, defense lawyer for health facilities and doctors, legal representation for physicians, legal representation for nurses, legal representation for health care facilities, health care facility defense attorney, legal representation for sexual harassment and discrimination, employment law, legal representation for health employment matters, employment law defense attorney for health providers, unemployment compensation hearings for health facilities, defending health facilities against EEOC (discrimination) complaints, defending health facilities in litigation involving wage and hour disputes, legal representation for health and medical contract law, legal representation for medical and health contract litigation, legal representation for employment litigation in health facilities, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

By |2024-03-14T10:00:07-04:00December 5, 2019|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Ex-UCLA Phlebotomist Awarded $1.6 Million in Harassment Lawsuit
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Former UCLA Phlebotomist Awarded Nearly $1.6 Million in Harassment Suit

Headshot of The Health Law Firm's attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA Medical Center, Santa Monica, failed to investigate when supervisors harassed and insulted her and several other African-American employees. Additionally, she alleged that she was fired from her job as a phlebotomist after raising concerns about the issue, according to the verdict filed in  Los Angeles Superior Court.

Alleged Hostile Work Environment.

According to Birdnne’s complaint, she began working at UCLA Medical Center Santa Monica, as a phlebotomist in 2015. Shortly after, she claims coworkers made disparaging remarks about the color of her skin and racially stereotyped her in Spanish. In June of 2016, the UC Board of Regents abruptly terminated her employment despite the fact that she had never previously received any kind of disciplinary action against her.

Following her termination she filed a complaint in 2017, alleging that the UCLA Health created a hostile work environment. Additionally, she alleges that the University of California Board of Regents violated California’s Fair Employment and Housing Act for harassment, race and age discrimination, and retaliation, according to the complaint.

To read the verdict for this case in full, click here.

Click here to read one of my prior blogs that also deals with discrimination in the workplace.

Contact Health Attorneys Experienced in Health Law and Employment Law.

The Health Law Firm represents both employers and employees in the health care industry in defending allegations of employment discrimination and other complaints from employees and patients. We represent employers and employees in unemployment compensation hearings, in defending against EEOC (discrimination) complaints, and in defending litigation involving wage and hour disputes, as well as other types of contract or employment litigation. We also can investigate such allegations and attempt to negotiate settlements where warranted. Our attorneys represent individuals and institutions in litigation, civil or administrative, state or federal.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“UC Regents to Pay $1.5 Million in Hostile Work Environment Case.” Associated Press. (August 7, 2019). Web.

Stawiki. Kevin. “Ex-UCLA Blood Tech Wins $1.6M In Racial Harassment Suit.” Law360. (August 7, 2019). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for healthcare employee discrimination, legal representation for home health facilities, nursing home legal representation, home health care facility legal presentation, nursing law defense attorney, legal representation for discrimination in health facilities, intentional infliction of emotional distress lawyers, legal representation for physicians and health facilities accused of wrongdoing, defense lawyer for health facilities and doctors, legal representation for physicians, legal representation for nurses, legal representation for health care facilities, health care facility defense attorney, legal representation for sexual harassment and discrimination, employment law, legal representation for health employment matters, employment law defense attorney for health providers, unemployment compensation hearings for health facilities, defending health facilities against EEOC (discrimination) complaints, defending health facilities in litigation involving wage and hour disputes, legal representation for health and medical contract law, legal representation for medical and health contract litigation, legal representation for employment litigation in health facilities, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

By |2024-03-14T10:00:12-04:00August 9, 2019|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Former UCLA Phlebotomist Awarded Nearly $1.6 Million in Harassment Suit
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Hey, Health Care Professionals…Why Can’t We Be Friends?!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Every year, our firm sponsors and attends various medical industry events. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard “Yikes, an attorney! I hope I never need you.” we could close our doors and all retire.

The feeling is akin to being the last kid picked for teams in gym class. So we ask ourselves: why are we attorneys shunned by health care professionals? Why won’t anyone make eye contact with us at meetings and events? Why is there a negative stigma attached to the phrase “law firm?”

We found the answer.

It’s Not Us. It’s You.

Before you take great offense to such a bold statement, hear me out. Society as a whole seems to have a misconceived notion that a law firm’s services are solely for reactive purposes. Meaning, you need defensive legal assistance. In these reactive situations, lawyers defend their clients to make the most out of an unfortunate situation. I frequently hear, “well nothing has gone wrong yet, so why do I need an attorney?” Here’s the secret: We can do much more than help you when something has gone wrong.

To reap the maximum potential from your profession, you should be utilizing “legal checkups” instead of burying your head in the sand. First, it’s more cost effective to hire a lawyer proactively BEFORE something goes wrong. When you are proactive about your legal needs, you have time to be selective in choosing the right lawyer for your needs. You can build a foundation before you invest in your legal needs. Typically, if you are in need of a lawyer to reactively defend you, you’re already knee-deep and you won’t be afforded the opportunity to find the best attorney.

Taking The Initiative Legal Business Advice.

The benefits of proactively obtaining an attorney are often overlooked. Having an attorney available at any time for legal protection and business advice may not always cross a health care professional’s mind. I find this to be ironic. Health care professionals recommend patients to eat healthy, exercise often, take daily vitamins, and schedule regular checkups. All these suggestions are proactive measures to ensure a stable life, full of longevity. Doesn’t it grind your gears when patients overlook your expert advice until something goes terribly wrong? We can both agree that preemptive measures are necessary in health and health care business.

I am not a medical expert, therefore, I would not attempt to perform a surgical procedure or offer a diagnosis. Legal services are the same. Most health care professionals cannot draft a contract themselves or set up a partnership office flawlessly without experienced legal expertise.

Proactive Legal Help We Often See Overlooked.

Whether it be our firm or not, health care professionals and businesses need a trusted health law attorney readily available to ask for help when additional legal knowledge, experience, or judgment is needed. The following list outlines health care business legal services that are proactive in nature.

– Obtain a contract review, of any agreement, before you sign the dotted line. It is crucial to
have a lawyer experienced in health law review convoluted documents that may bind you to
terms and conditions that you should not be liable for.

– Hire an attorney to negotiate your employment contracts to ensure that you are fairly
compensated for your work.

– A health law attorney adept in assisting with a business restructuring is invaluable. Whether
you are opening or closing a medical office, taking part in a merger, or launching or dissolving
a partnership, these transactions are complex. It is not in your best interest to attempt any
business maneuver without the input of a trusted health law attorney who is familiar with your
professional business goals.

– A compliance assessment is an important proactive measure for health providers and
businesses. With the increase of federal and state oversight, it is wise to have a thorough
review and analysis of your business protocols and procedures on a regular basis. An
experienced health law attorney can help you avoid critical administrative pitfalls. These
assessments verify compliance in areas such as: Medicare/Medicaid billing claims, patient
record keeping, HIPAA and HITECH procedures, etc.

You know what they say, it’s better to be safe than sorry. Hiring an attorney is NOT solely for the purpose of negative occurrences or damaging mistakes. As a health care professional, it is crucial to work with a trusted health lawyer to advise you in your business decisions. Don’t rely on the notion that you don’t need a lawyer until you are in trouble. Heeding our warning, you could save yourself a lot of time and money.

Contact a Health Care Attorney Experienced in Negotiating and Evaluating Physician and Health Professional’s Business Transactions.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, durable medical equipment suppliers (DME), medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider or facility.

The services we provide include reviewing and negotiating contracts, preparing contracts, helping employers and employees enforce contracts, advice on setting aside or voiding contracts, litigation of contracts (in state or federal court), business transactions, professional license defense, opinion letters, representation in investigations, fair hearing defense, representation in peer review and clinical privileges hearings, litigation of restrictive covenant, Medicare and Medicaid audits, commercial litigation, and administrative hearings.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Proactive legal services, health law legal advice, health care professional legal help, corporate law, corporate health law, contract review, employment contract reviews, office reconstruction, medical office reconstruction, compliance assessment, partnership dissolutions, mergers, legal business advice, corporate law attorney, corporate lawyer, employment law, employment law attorney, contract negotiation, contract negotiation attorney, contract negotiation lawyer, health law, business law, legal business advice, legal advice, health care professional, attorney for health care professionals, representation for health care professionals, representation for health care facilities, health law defense lawyer, employment law representation, The Health Law Firm, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2024-03-14T10:00:22-04:00September 11, 2018|Categories: The Health Law Firm Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Hey, Health Care Professionals…Why Can’t We Be Friends?!
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Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer

2 Indest-2009-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Johns Hopkins Health System agreed to shell out $190 million to more than 7,000 women and girls, in one of the largest settlements ever in the United States involving sexual misconduct by a physician.

A gynecologist, practicing in a Baltimore-based Johns Hopkins Hospital, one of the nation’s most prestigious medical institutions, was accused of using a tiny camera to secretly take videos and pictures of his patients. The doctor worked at the hospital for 25 years, but was fired after admitting to the misconduct and surrendering his recording devices to authorities.

This is a chilling example of how employers can be held responsible for “rogue” employees clearly not working under the consent of the employer. In general, employers have a responsibility to properly supervise their employees’ actions. As in this case, failure to do so can cost millions.

Background of the Case.

According to the Wall Street Journal, a co-worker tipped off Johns Hopkins officials that the gynecologist was wearing a pen around his neck that looked like a camera. In February 2013, an investigation revealed that the gynecologist secretly used the device in question to photograph and videotape thousands of women and girls during pelvic exams. The investigation found that the doctor’s camera captured 1,200 videos and 140 images of his patients, that were then stored on his computer. The doctor was fired in February 2013, and committed suicide days later.

Click here to read the entire article from the Wall Street Journal.

“Rogue” Employee.

In this case, Johns Hopkins states that insurance will cover the entire $190 million settlement. The preliminary agreement is awaiting final approval from a judge. In a statement, Johns Hopkins’ attorney said that the hospital was unaware of the doctor’s conduct, and that he had become a “rogue” employee. The hospital sent out letters of apology to the gynecologist’s patient list, calling the incident a “breach of trust.”

Click here to read all of the statements from Johns Hopkins Medicine in regard to this incident.

Employer’s Responsibility.

The lawsuit against Johns Hopkins alleged that the hospital failed to properly supervise the doctor and should have known of his alleged misconduct.

This situation brings up an interesting point, even though the employee was acting on his own accord, the health system would still likely have been held liable if the case was not settled.

Employers are generally “vacariously liable” for their employees’ actions. The basic idea of vicarious liability or the doctrine of respondeat superior is that an employer is held responsible for the negligent acts of its employee that cause injuries to a third party, provided that such acts were committed during the course of and within the scope of the employment.

To establish that the employee’s conduct was within the scope of employment:

1. The conduct must have occurred substantially within the time and space limits authorized by the employment;
2. The employee must have been motivated, at least partially, by a purpose to serve the employer; and
3. The act must have been of a kind that the employee was hired to perform.

In certain circumstances, including the example of the gynecologist, an employer’s vicarious liability can extend to intentional or even criminal acts committed by the employee.

Vicarious liability is a powerful concept and, as evident by the Johns Hopkins case, can result in an employer being responsible for significant sums of money. Employers should institute policies which curb activities that could be injurious to others. The employer has a responsibility to monitor employees and immediately investigate any suspicious activity.

Despite the fact that Johns Hopkins acted quickly, the hospital system will still most likely be left holding a settlement sum of $190 million for actions of an employee.

Comments?

As an employer, how do you make sure your employees aren’t acting on their own or violating company policies and procedures? Please leave any thoughtful comments below.

Contact Health Attorneys Experienced in Health Law and Employment Law.

The Health Law Firm represents both employers and employees in the health care industry in defending allegations of sexual misconduct and other complaints from employees and patients. We represent employers in unemployment compensation hearings, in defending against EEOC (discrimination) complaints, and in defending litigation involving wage and hour disputes, as well as other types of contract or employment litigation. We also can investigate such allegations and attempt to negotiate settlements where warranted. Our attorneys represent individuals and institutions in litigation, civil or administrative, state or federal.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Linderman, Juliet. “Hopkins Pays $190M in Pelvis Exam Pix Settlement.” Associated Press. (July 22, 2014). From: http://apne.ws/UquXOI

Levitz, Jennifer. “Johns Hopkins Agrees to $190 Million Exam-Photos Settlement.” Wall Street Journal. (July 21, 2014). From: http://online.wsj.com/articles/johns-hopkins-hospital-agrees-to-190-million-exam-photos-settlement-1405961572

Johns Hopkins Hospital. “Statement from Johns Hopkins Medicine on the recent news surrounding Nikita Levy, M.D.” Hopkins Medicine. (July 21, 2014). From: http://www.hopkinsmedicine.org/news/Nikita_Levy.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

 

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2014 The Health Law Firm. All rights reserved.

By |2024-03-14T10:00:57-04:00June 1, 2018|Categories: Health Care Industry, In the News, The Health Law Firm Blog|Tags: , , , , , , , , , , , , |Comments Off on Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer
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Nursing Home Chain Hit With $1.5 Million Verdict in Sex Discrimination Lawsuit as Jury Sides with Former Employee

IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 2, 2017, a former elder care facility executive was awarded a $1.5 million verdict by a federal jury in Washington state. Irene Riggs claims she was fired for complaining about the “sexually charged” environment created by a supervisor’s inappropriate conduct with a nurse. After a three-day trial, the jury awarded her over $232,000 in lost wages up to the date of trial, nearly $802,000 in future lost wages and $500,000 for loss of enjoyment of life after she was fired by Tennessee-based Life Care Centers of America Inc. (Life Care).

Alleged Sex Discrimination.

In her suit, the plaintiff alleged that she was subjected to a “sexually charged atmosphere” by a regional vice president, who was her supervisor beginning in 2013, and a registered nurse with whom he was purportedly in a relationship. Riggs alleged the two fondled each other in an office and regularly engaged in intimate conversation, among other inappropriate things, according to court documents. Additionally, she complained on behalf of herself and colleagues about the conduct directly to the regional vice president, who allegedly became angry and later lodged a complaint with human resources.

In a pretrial brief, the plaintiff said that Life Care’s primary reason for firing her (mental abuse of a resident by unplugging his television) was not true and used as a cover for the real reason. In response, Life Care said that her firing couldn’t constitute discrimination. The company argued that she didn’t report a quid pro quo relationship or a hostile work environment, which are the two types of sex discrimination recognized by the Washington Law Against Discrimination.

She was employed at Life Care’s Sandpoint facility from September 2006 until she was fired on February 1, 2016.

The Jury’s Decision.

The jury determined that Riggs had provided sufficient evidence to show that she opposed what she believed was sex discrimination. Moreover, she was able to show that her report of alleged misconduct by a supervisor was a substantial motivating factor in her firing, and that Life Care didn’t offer a valid justification for her dismissal, according to the verdict.

To read the jury’s verdict in this case, click here.

To learn about a similar case involving sexual harassment and discrimination, click here to read one of my prior blogs.

Contact Health Attorneys Experienced in Health Law and Employment Law.

The Health Law Firm represents both employers and employees in the health care industry in defending allegations of employment discrimination and other complaints from employees and patients. We represent employers in unemployment compensation hearings, in defending against EEOC (discrimination) complaints, and in defending litigation involving wage and hour disputes, as well as other types of contract or employment litigation. We also can investigate such allegations and attempt to negotiate settlements where warranted. Our attorneys represent individuals and institutions in litigation, civil or administrative, state or federal.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Gurrieri, Vin. “Nursing Home Chain Hit With $1.5M Verdict In Sex Bias Suit.” Law360. (November 2, 2017). Web.

“Nursing Home Chain Hit With $1.5M Verdict In Sex Bias Lawsuit.” Lexis Nexis. (November 2, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for workplace discrimination, legal representation for employee discrimination, legal representation for nursing homes, legal representation for elder care facilities, legal representation for home health facilities, nursing home representation, home health care facility representation, nursing law defense attorney, elder care facility representation, legal representation for nurses, legal representation for health care facilities, health care facility defense attorney, legal representation for sexual harassment and discrimination, employment law, legal representation for employment matters, employment law defense attorney, unemployment compensation hearings, defending against EEOC (discrimination) complaints, defending litigation involving wage and hour disputes, legal representation for contract law, legal representation for contract litigation, legal representation for employment litigation, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

By |2024-03-14T10:02:00-04:00May 15, 2018|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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Workers Can Be Fired For Using Marijuana Off-Duty

By Carole C. Schriefer, R.N., J.D., The Health Law Firm

Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an employee for the use of medical marijuana – even if it’s off-duty.

Coats v. Dish Network.

Brandon Coats became a quadriplegic after a car accident and has relied on medical marijuana to help with muscle spasms. Dish Network fired Coats after a failed drug test in 2010.  “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law,” company spokesman John Hall said in a statement.  To read about the Coats v. Dish Network case in its entirety, click here.

What is Lawful Activity?

This case was brought based on Colorado Revised Statute 24-34-402.5, Colorado’s “lawful activities statute.” The Supreme Court held the term “lawful” in the statute refers only to those activities that are lawful under both state and federal law. Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law, are not protected by this statute.  Like Texas, Colorado law allows employers to set their own policies on drug use.  Unlike Texas, Colorado has a law that says employees can’t be fired for “lawful” off-duty activities.
To read C.R.S. § 24-34-402.5. – Unlawful prohibition of legal activities as a condition of employment, click here.

Legal Off-Duty Activity.

Coats claims that Dish Network violated C.R.S. § 24-34-402.5, by terminating him due to his state licensed use of medical marijuana at home during non-working hours. The Colorado justices ruled that because marijuana is illegal under federal law, Coat’s use of the drug couldn’t be considered legal off-duty activity.  State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. Therefore, federal laws trump state laws.

To read past blogs on this topic or any health law topic, visit our blog pages on our website : www.TheHealthLawFirm.com.

Visit our Colorado Health Law blog.

Comments?

Do you think medical marijuana is considered a “lawful” activity? Do you agree with Dish Network’s decision? Do you think Coats v. Dish Network was a fair case, why or why not? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Linsley, Brennon. “Colorado court: Workers can be fired for using pot off-duty.” The News Herald. (June 15, 2015) From:

http://www.morganton.com/colorado-court-workers-can-be-fired-for-using-pot-off/article_f4f67447-5d36-5e6e-9a67-8548d5fc77a4.html

“24-34-402.5. Unlawful Prohibition of Legal Activities as a Condition of Employment.” Department of Regulatory Agencies. (June 15, 2015) From:

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Colorado+Anti-Discrimination+Act+statutes+-+unofficial.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251818317123&ssbinary=true

Coats v. Dish Network, LLC., CO 44. No. 13SC394. U.S. (2015)

About the Author: Carole C. Schriefer is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620. The Health Law Firm also has offices in Fort Collins, Colorado and Pensacola, Florida.

KeyWords:  Employment Law, medical marijuana, medical cannabis, marijuana license, defense attorney, drug-free work place, Drug-Free Work Place Act, employee rights, employer rights, employment law, employment termination, Colorado marijuana laws, health care lawyer, health lawyer, law attorney, legalizing marijuana, licensed medical marijuana user, marijuana, medical marijuana license, medical marijuana policy, physician attorney, physician lawyer, workplace marijuana regulations, lawful activity, lawful off-duty activity, federal law, state law, Supreme Court, zero tolerance, zero tolerance drug policy, THC, compliance, Recreational drug laws and regulations, Government regulations, Courts, Colorado, health care, health issues, health law, health law attorney, health law lawyer

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

By |2024-03-14T10:02:01-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Workers Can Be Fired For Using Marijuana Off-Duty
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
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