Did the employer fire an employee for marijuana use or FMLA leave?

In 2014, the employer hired Amanda, who had a medical condition that affected her walking, sitting, and standing. The employer knew about her condition when it hired her.

In 2020, Amanda began using prescribed medical marijuana as allowed under state law and told her employer about it. The employer allowed her to use her vacation time when her pain worsened.

On July 31, 2023, the employer asked that Amanda take an impromptu drug test. She told the employer that she:

• Wouldn’t pass due to her lawful medical marijuana use,
• Never smoked marijuana before going to work,
• Didn’t possess medical marijuana, and
• Wasn’t under its influence while at work.

Amanda also asked for paperwork for leave under the federal Family and Medical Leave Act (FMLA) on the same date.

On August 10, the employer told Amanada that she failed the drug test, which violated the company’s drug- and alcohol-free workplace policy, but that she could continue working.

On August 14, Amanda gave her employer the FMLA certification. Two days later, the employer fired Amanda for failing the drug test.

Amanda sued, claiming the employer violated the FMLA.

The employer argued that Amanda was fired because of her failed drug test rather than the FMLA request.

The court found that the short amount of time between Amanda’s FMLA leave request and her termination was enough to demonstrate a connection between them, particularly since the employer told her she could continue working.

Because of that, the court denied the employer’s request to have the case dismissed, and a jury will have to decide this case unless it settles first.

Everitt v. Luzerne County, Middle District of PA, No. 3:25-CV-00404, June 12, 2026.

Key to remember: Firing an employee shortly after they ask for FMLA leave can be risky, even if the employee violates a company policy, but much would depend on the reason for the firing.

Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.