A lab employee working for a Massachusetts cannabis dispensary has sued for wrongful termination after he filed a medical leave request and was let go by the organization.
The plaintiff is suing their former employer and its holding company over what he claims is wrongful termination. A few months after he was hired in 2018, he was put in a position that required him to silica. Silica has been shown to increase yields: however high exposure can lead to severe lung issues. While he was provided masks and glasses, his manager believed he was not given the right ones. Over the course of the next several months he developed breathing issues. When he brought his health concerns to his manager, they said they had never worked with silica prior to their hiring at Mayflower.[1]
The employee was diagnosed with asthma and bronchitis. Following the diagnosis, he filed a claim with the Occupational Safety and Health Administration. Upon filing the claim, he was made aware that he was fired two months after filing his FMLA and OSHA claims. The employee is suing for retaliation, as he believes he was fired because of his claim about the silica exposure.
As the cannabis industry continues to grow and add employees, its crucial to review your workers compensation and employment practices liability (EPLI) polices. Contact a broker today to find more information on protecting yourself against employee related claims.
[1] https://www.law360.com/employment/articles/1353400/ex-pot-shop-lab-tech-says-on-job-injury-led-to-his-firing
