Ex-employee suing Domtar on claim he was terminated for medical marijuana

Submitted by Patrick Massey of kdqn.net

ASHDOWN – An ex-employee of Domtar Paper Company is suing the corporation after he was reportedly fired for testing positive for marijuana he claims he was medically prescribed to use under state law.

According to a lawsuit filed in the Little River Circuit Court on July 29, Bryan Prinsen of Miller County is seeking damages against Domtar following his dismissal from the company’s Ashdown-based facility in July. Prinsen claims he was terminated from the company as a result of his status as a medical marijuana patient. The suit states Prinsen used marijuana specifically while “away from work.”

Prinsen cites Amendment 98 to the Arkansas Constitution which cites that “an employer shall not discriminate against” an “employee…based upon the employee’s status as a qualifying [medical marijuana] patient. The legal modification was made to the Arkansas Medical Marijuana Amendment, which legalized the use of medical marijuana in Arkansas. The medical marijuana amendment was passed in 2016 by a vote of 53 percent as an amendment to the state constitution.

Prinsen claims he was fired from Domtar on July 12 despite informing the company two-years ago that he was a medical marijuana patient. He says he was terminated from his position after the company “unilaterally” changed its medical marijuana policy to reclassify all of its workforce as “safety-sensitive.” Under this designation, employers can hire or fire individuals who qualify for medical marijuana based upon the assumption that using marijuana would “constitute a threat to health or safety.” Prior to the change Prinsen states his position did not qualify as “safety-sensitive.”

Following this policy change, Prinsen claims he was initially suspended without pay and later fired. The suit states Prinsen has been employed by Domtar for 11 years. In addition, the suit claims no disciplinary action was taken by the company after he tested positive for marijuana over the past two years due to his status as a medical marijuana patient.

The lawsuit notes that Domtar offered Prinsen an opportunity to return to work if he could produce a clean drug test or attend drug rehabilitation. Prinsen claims he could not produce a clean drug test and refused to attend rehabilitation for his prescribed use of medical marijuana.

Prinsen’s attorney, Chris Burks of the We Help Law Firm in North Little Rock, said the lawsuit is part of a broader legal discussion of medical marijuana and labor relations within Arkansas.

Specifically regarding Prinsen’s case, Burks said the suit has additional standing as the “safety-sensitive” designation revision was done without consulting the plant’s union.

Through the lawsuit, Prinsen is seeking back pay in addition to lost benefits and compensation as well as attorney fees. Prinsen is requesting a jury trial in the case. A date for that trial has not yet been set.