SG Broadband Community

mikemean · Post by **mikemean** » Wed Apr 21, 2010 6:56 am

Well hi there

Roody · Post by **Roody** » Wed Apr 21, 2010 7:00 am

Hey

Post by **YeOldeStonecat** » Wed Apr 21, 2010 7:14 am

Hello Mike...how are things going? What's the status of that job thing?

YARDofSTUF · Post by **YARDofSTUF** » Wed Apr 21, 2010 7:15 am

Sup Mike!

mikemean · Post by **mikemean** » Wed Apr 21, 2010 7:41 am

YeOldeStonecat wrote:Hello Mike...how are things going? What's the status of that job thing?

Right now we are in a holding pattern. Loaf n Jug was able to have my case moved to federal court. My lawyers are currently writing paperwork to motion that my case be sent back to state court because (taken in part from my lawyers actual brief) "There is no genuine federal question and because novel issues of Montana State law predominate this case of first impression in the State of Montana"

There is plenty more, about 5 pages total.

Here is my "story"
A man who is HIV-positive is suing Loaf-n-Jug, claiming he was wrongfully terminated because he used medical marijuana.

Mike Babbitt is seeking $500,000 in damages from the company, which is a division of the Cincinnati-based Kroger Company. Babbitt says he was discriminated against, lost wages and suffered other monetary damages.

Loaf-n-Jug Arthur Stawski said the company does not comment on pending litigation.

The complaint filed earlier this month says Babbitt was hired by a Loaf-n-Jug in Great Falls in August and informed management that he is a qualified to receive medical marijuana. Babbitt was told he could be employed if he provided a clean pre-employment drug test.

When Babbitt told management he received his medical marijuana card, he was told it was no problem, the complaint states. But Babbitt was fired in November after a drug test from the previous month showed the presence of marijuana.

Babbitt wasn't allowed to present an explanation for the test results, the complaint states.

Babbitt's attorney is Mark Frisbie. The complaint states that Loaf-n-Jug's drug policy prohibits employees from using illegal drugs at work or while reporting to work, but Babbitt's marijuana use falls under the company's definition of legal medication.

"Defendant's policy ... defines legal medications as 'prescribed and over-the-counter medications which have been legally obtained and are being used for the purpose for which they are prescribed or manufactured."

Babbitt wasn't using medical marijuana at work or during working hours and that his marijuana use didn't affect his ability to work, the complaints states, adding that it is illegal to discriminate against someone using "a lawful product that is legally consumed."

And here is my actual filed suit(scroll down the page
http://blogs.findlaw.com/courtside/2010 ... -work.html

Post by **YeOldeStonecat** » Wed Apr 21, 2010 7:46 am

Good luck with all that, hope it works out for you.
Mental stress certainly is not good when the body is trying to heal.

Dan · Post by **Dan** » Wed Apr 21, 2010 10:08 am

mikemean wrote:Well hi there

Hi Mike ! hope all goes well for you

RoundEye · Post by **RoundEye** » Wed Apr 21, 2010 12:09 pm

Hello

cammy96tears · Post by **cammy96tears** » Fri Apr 23, 2010 12:39 pm

De Plano · Post by **De Plano** » Fri Apr 23, 2010 1:41 pm

Howdy. Good luck with the suit

Humboldt · Post by **Humboldt** » Fri Apr 23, 2010 5:18 pm

Hey Mike

BMED · Post by **BMED** » Fri Apr 23, 2010 10:35 pm

Hey Mike, It has been a long time...hope all is well.

Joint Chiefs of Staff · Tue Apr 27, 2010 3:21 am

Hiya Mike! Hope everything works our for you.

Dan · Post by **Dan** » Tue Apr 27, 2010 9:55 am

Hi Patrick ! how the heck are ya ? !!!
it's good to see you too !

JC · Post by JC » Tue Apr 27, 2010 7:50 pm

I'll refrain from commenting on the lawsuit, but nice to see ya on the boards tho Mike.