Sarah M. Block
Thu, 10/06/2022
In February 2021, the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (“Cannabis Act”) went into effect, making it unlawful for employers in the state to refuse employment to job candidates solely because they have received a positive drug test result indicating they have cannabis/marijuana in their body. However, a New Jersey man alleges in a putative class action lawsuit that Wal-Mart and Sam’s Club recently did just that.
On June 13, 2022, Erick Zanetich filed suit against Wal-Mart and Sam’s Club in New Jersey state court, alleging that the stores violated the Cannabis Act when they rescinded an offer of employment for a security-related position on the grounds that he had tested positive for marijuana during a mandatory pre-employment drug test. Zanetich brought the case on behalf of himself and a class of all persons who were denied employment by Wal-Mart in the state of New Jersey because they tested positive for marijuana in a pre-employment drug screen or were subject to any other adverse employment action because of testing positive for marijuana. Wal-Mart removed the case to the federal court on September 2, 2022, in part because Zanetich’s allegations demonstrate that the damages sought in the case exceed $75,000. The case, which is still in the early stages, is now pending under the caption Zanetich v. Wal-Mart Stores East, Inc., Case No. 1:22-cv-05387 (D.N.J.).
If you believe you have suffered an unlawful adverse employment action or have been wrongfully denied employment on prohibited grounds, please contact MSE today to learn more about your rights.
