NJ Companies Can Be Sued for Rejecting Cannabis-Using Applicants

Rejecting a candidate for employment based on recreational cannabis use can get a company dragged into court, a New Jersey appellate court ruled Tuesday.

In a case of first impression, the state Superior Court Appellate Division revived a would-be worker’s claims of negligence, invasion of privacy, and breach of contract because a cold storage company rescinded her customer service representative position offer after she tested positive for cannabis on a company-compelled drug test.

A trial court ruled the state’s marijuana legalization rules didn’t entitle job-seekers to complain about violations in court. However, because “no administrative remedy was authorized by statute, ...