Prince Telecom rescinded job offer over medical marijuana use, New Jersey says

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A cable installer’s job offer was rescinded because of his medical marijuana use, according to a complaint released last week by the state attorney general’s office.

The alleged decision by Prince Telecom, which has offices in Ocean Township and Hillside, highlights the challenges employers face trying to enforce a drug-free workplace while respecting an employee’s right to consume cannabis on their personal time.

The effects of marijuana can linger for days, compared with hours from alcohol use, but pot tends to have less of an impact on employees’ mental and physical abilities, according to Lewis Nelson, chairman of emergency medicine at Rutgers New Jersey Medical School in Newark.

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Drug tests, meanwhile, can detect the presence of THC — the compound in cannabis that causes a high — weeks after use and long after its effects have worn off, he added.

Employers should therefore consider behavioral characteristics consistent with the influence of marijuana when determining whether to take action against the employee.

What the complaint says

According to the July 2 complaint, the worker — whose name state authorities have redacted — had a job offer on the table in October 2020 from Prince Telecom as a cable installation technician while awaiting the results of a drug test.

In that case, the worker informed the drug testing center that he had a medical marijuana card, which he believed was used to treat a disability, according to the complaint. The worker later tested positive for cannabis.

More: Cannabis and Work: New Jersey Has Yet to Launch Key Tool, Putting Employers in a Difficult Situation

After receiving the positive result, the worker informed a human resources representative of the test, but added that he was protected by state law because of his status as a medical marijuana patient. He never heard back from Prince Telecom and made several attempts to work with them, according to the complaint. The worker finally filed the complaint with the state in January 2021.

The state Civil Rights Division said it found “sufficient evidence” that the worker’s rights were violated, including with respect to disability accommodations.

These arrangements prohibit a company from taking any action, including dismissal, against a person because of their disability.

Once an employer is informed of a worker or applicant’s disability, it must work with the individual regarding accommodations, which the complaint alleges was never done.

“This employer has cut off all communication, refusing to even try to work with its candidate,” New Jersey Attorney General Matt Platkin, the state’s top law enforcement officer, said in a statement.

Prince Telecom did not respond to our voicemail or email requesting comment for this article.

How Cannabis Legalization Affected New Jersey Laws

Guidance released in 2022 by the state Cannabis Regulatory Commission — which regulates marijuana in New Jersey — states that detection of cannabis, in and of itself, is not grounds for taking action against an employer, such as termination or rescinding a job offer.

Under the guidelines, employers can fill out a “reasonable suspicion” report that documents the worker’s behavior, physical appearance and other evidence. The commission has posted a template form online, but employers are free to create and use their own form.

The company could designate employees or a third-party contractor “trained to determine impairment” to determine whether the worker is under the influence of alcohol during work hours.

A WIRE could be called to detect behaviors consistent with a person under the influence of cannabis. But certification has not yet been finalized, state officials said. No timeline has been provided.

Meanwhile, the Jake Honig Compassionate Use of Medical Marijuana Act, signed in 2019, prohibits employers from taking any adverse action against an employee simply because they are a medical marijuana user.

“Given the lack of certified testers as required by New Jersey law, employers must have good processes in place to determine whether an employee is impaired while on the job,” said Ray Cantor, deputy director of government affairs for the New Jersey Business and Industry Association, an association of industry trade groups.

Employers are essentially left to their own devices, balancing workplace safety with implementing the 2021 law legalizing marijuana.

“Some employers have simply stopped testing for cannabis,” said Stephen Trimboli, an employment lawyer and partner at the Morristown law firm Trimboli & Prusinowski.

That can cause headaches for businesses, even in the case of medical marijuana, said Greg Lalevee, business manager for the International Union of Operating Engineers, Local 825 — a union whose workers operate heavy construction equipment such as cranes.

The prospect of cannabis in the workplace has raised concerns in high-risk jobs like manufacturing and construction, where mistakes can lead to injury or death, and even in office and retail jobs, where employees may frequently interact with customers or handle sensitive legal and financial transactions.

“It’s good that the doctor prescribed it,” Lelevee said of medical marijuana. “Have you told the doctor what you do for a living?”

Daniel Munoz covers business, consumer affairs, labor and the economy for NorthJersey.com and The Record.

E-mail: [email protected]; Twitter:@danielmunoz100 and Facebook