Is it legal for an employer to fire me for not killing my marijuana plant?

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Is it legal for an employer to fire me for not killing my marijuana plant?

I work as a grower for a medical marijuana dispensary. During my first interview I told my boss that I am growing a marijuana plant at home. In my state, it is legal for any resident to grow up to 6 plants per person. Today, 3 months after being employed with the company, my boss told me that I cannot grow from home anymore and that he wants to see a picture of my plant killed off and in the trash. I do not grow for the company from home. I work from a marijuana grow warehouse. My boss says the reason why is that I can bring pests from

my own grow into the grow warehouse at work. He also says that it isn’t illegal for him to make me kill my own personal plant and that it is a health organization code for him to have me do so. Can my boss make me kill my own personal, legally grown plant from home and to fire me if I don’t?

Asked on August 5, 2016 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless this directive violates the terms of an employment contract or union/collective bargaining agreement, or constitutes some form of legally actionable dscrimination, it is legal. The fact is that in an "at will" employment relationship, a company can set the conditions of the worklace much as it sees fit. This includes when and why to terminate an employee. In fact, a worker can be dismissed for any reason or no reason at all, with or without notice.


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