Florida County Will Appeal Employment Law Ruling Over Off-Duty Use of Marijuana

According to a report from Florida Phoenix, a Florida county is preparing to appeal a ruling of an employment law ruling. The case—arising out of Hillsborough County—centers around an EMT worker who was dismissed after his employer learned of off-duty marijuana use. He filed a wrongful termination lawsuit against the local government. A trial court ruled in his favor—finding that his rights were violated under Florida law on the grounds of disability discrimination. In this article, you will find a more comprehensive overview of the case.

Background: EMT Worker Terminated for Off-Duty Marijuana Use in 2022 

Angelo Giambrone worked as an EMT for Hillsborough County since 2008. He was placed on unpaid administrative leave in 2019 after a random drug test returned positive for cannabis. Mr. Giambrone—who is a qualified medical marijuana patient for conditions including anxiety and insomnia under Florida’s medical marijuana law—brought a wrongful termination claim. Notably, there were no allegations of on-duty marijuana use.

 Worker Sued Under Florida Civil Rights Act 

In response to his termination, Mr. Giambrone sued Hillsborough County, alleging discrimination under the Florida Civil Rights Act. Among other things, he argued that the county failed to accommodate his status as a disabled individual and refused to acknowledge his state-issued medical marijuana card as valid justification for his positive drug test results.

 Initial Ruling: Employee Successfully Established Violation of Rights

 At trial, the employee was successful. Hillsborough Circuit Court Judge Melissa Polo ruled in favor of Mr. Giambrone. The court found that the county had illegally discriminated against him. The court ordered the county to compensate him with $321,337 in back pay, $19,500 in interest, and an additional $60,000 in damages for mental distress. It was a significant victory for the employee and, if it holds up, would establish protections for workers who use medical marijuana in Florida.

 Hillsborough County has Appealed the Verdict 

As reported by the Florida Phoenix, this case is not over yet. Following the initial ruling in favor of the employee, Hillsborough County filed an appeal with the state’s Second District Court of Appeal, arguing against the decision. The County contends that the trial court made an error in interpreting the law.

 Key Point: Florida Law is Technically Silent On the Matter 

Florida’s medical marijuana statute does not require employers to accommodate medical marijuana use at the workplace or while under the influence. However, the law does not explicitly address the need to accommodate off-site or off-hours medical use of marijuana. In other words, there are still questions about this matter. The appellate court’s decision will be very important.

 Speak to an Employment Lawyer in Florida 

Navigating an employment law matter can be challenging—especially so when it involves questions or concerns about off-duty conduct of employees. If you are an employer or employee with any specific questions about your rights/options, a Florida employment lawyer can help.