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In affirming dismissal of two counts of the complaint, the court held that no private right of action exists under the Massachusetts medical marijuana act that would permit a terminated employee to sue her employer. Undue hardship may also exist where an employer has a contractual or statutory obligation to adhere to heightened or federal drug testing standards.
Likewise, a cause of action does not exist for wrongful termination in violation of public policy under these circumstances. In these cases, nonetheless, the interactive process must still take place, and the employer may raise an undue hardship defense only after considering fully the employee's request for accommodation.
Policies prohibiting marijuana use at work may still be enforced.Moreover, the laws of each jurisdiction are different and are constantly changing.If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.The Brigham and Women's Division of Plastic and Reconstructive Surgery is one of the largest plastic surgery practices in New England with a long history of excellence. Joseph Murray, was a recipient of the Nobel Prize in Physiology or Medicine in 1990.We remain committed to doing everything we can – today and tomorrow – for the cosmetic, reconstructive, and traumatic needs of our patients.
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Our clinic focuses on accommodating women’s needs and helping them throughout the many stages of life.