To whom it may concerns,

I am a physically disabled person and a medical marijuana patient who have recently been denied of unemployment insurance benefit. I used to work for a company where managments are rarely enforced company's policy, including drugs and alcohol's policy. When I first got hired, I was given a bunch of paper works (e.g. Jobs offered letter, Drugs and Alcohol's policy, Employee's Handbook, etc.) by the HR Assistant to take home and read, signs, and return to HR upon completion. After I signed all of the paper works, I returned them to the same HR Assistant and was never ever given any formal training or orientation regarding the company's employee handbook and company's drugs and alcohol policy or whatsoever. To my understanding, the company does not have a “Zero Tolerance” drugs and alcohol policy and the terms and conditions were very loosely written in the company's employee handbook. 

I was an “at will” employee and worked for this company for about a year and a half and realized early on that managements were being very easy on employees who had reported to work with a hang over or were unprepared to do the essential task. Some employees have a history of poor work attendances (chronic absenteeism) and tardiness but are hardly a major concerned issue for management to deal with. My immediated supervisor is an admitted cocaine user and drugs addict and never said anything when employees violated company's policy. Whereas my supervisor's supervisors, they just turn the blind eyes.

Because I knew early on that some people were a known drugs and alcohol user and my supervisor and managers were O.K with it (all of them are still working for the company), I was made to believe that employees won't get fired if caught, and that the company condone drugs and alcohol uses. Having been a medical marijuana patient myself, I was feeling comfortable and happy to notice this and therefore made myself known to other employees, including my supervisor. I told them that I am a medial marijuana patient and I use the drug to treat my pains and stresses associated to my disability.

During the times I was working for this company, I have made significant progress and my work performance was always above average. I was a very productive worker and had never caused any problem with any body. Not to mention, I had never violated company's policy no matter how small or big they were. I was an excellent worker and have always showed respect to everyones, including those that doesn't help me.

About a month ago, to my very shock and suprise, I was asked to take a random drug test and was let go by my HR manager because I've told her that I use medical marijuana to treat my disability. Her reason was that I didn't inform her soon enough about my disability and my usaged of medical marijauna. Since then , I have filed charges with the EEOC and my case is currently being under investigation. I also tried to file for unemployment benefit but was denied because now the company said that I used marijuana during working hours and that they have witnesses. The truth is I don't use my medical marijuana during working hours, but how do I prove myself before the administrative judge?

Please help!


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