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Wisconsin - Marijuan possession

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  • Wisconsin - Marijuan possession

    We are a large chld care provider. We hired an employee as a teacher last year and failed to see that he had a conviction for possession of marijuana. An audit discovered this and we recently told him we cannot employee him any longer - possession of marijuana is a disqualifying crime for our company - we state this on our application.

    The employee did reveal on his application he had a conviction, but this disclosure was undetected by the hiring manager at the time of hire.

    The employee has an attorney who is telling us in Wisconsin we cannot terminate him for possession of marijuana.

    Is this true?
    Last edited by julesk63; 06-27-2008, 05:31 AM. Reason: spelling

  • #2
    Do you have anything in writing from the employee's attorney? If not, I'd give this about as much credence as the person who says "my freind says the law say...(insert absurdity here).

    I cant address your state laws so I will leave that to someone who is more familiar. My question would be that I hope you are doing something to ensure that this doesnt get "overlooked" again especially as you are dealing with children.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson


    • #3
      I do know that Wisconsin is one of the few, if not only, states in which a convicted felon is a protected class (and MJ possession is just a misdemeanor unless it's enough to make him/her a "dealer).

      Someone else will have more details.

      However, I recommend you contact the government agency that licenses child-care facilities. I'm sure they have some info on this, especially specific to exceptions that can be made when the job involves children.

      Just so we have some info.

      How long ago was this?
      Was it a misdemeanor or felony conviction?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Wisconsin employers are not prohibited from inquiring into prior convictions but are barred from making hiring decisions based on conviction records other than in circumstances involving caregiver positions and where the circumstances of the conviction are substantially related to the circumstances of the position for which the individual is being hired.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          Thank you Betty3. I thought it was something like that.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.