Pete was dismissed after revealing on his Facebook page that he was using marijuana (illegally). Has the company acted in accordance with the law?

Pete was dismissed after revealing on his Facebook page that he was using marijuana (illegally). Has the company acted in accordance with the law?

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December 26, 2020
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To ensure that its employees did not use illegal drugs in or outside the work-place, Marvel Grocery Store required all employees to take a polygraph exam. Moreover, managers began to check employees’ Facebook pages for reference to drug use. Jagger was fired for refusing to take the polygraph test. Pete was dismissed after revealing on his Facebook page that he was using marijuana (illegally). Has the company acted in accordance with the law?

 

Answer and ExplanationSolution by a verified expert

To ensure that its employees did not use illegal drugs in or outside the work-place, Marvel Grocery Store required all employees to take a polygraph exam. Moreover, managers began to check employees’ Facebook pages for reference to drug use. Jagger was fired for refusing to take the polygraph test. Pete was dismissed after revealing on his Facebook page that he was using marijuana (illegally). Has the company acted in accordance with the law?

Explanation

Here, Marvel has no reason to believe that a criminal offense occurred, so it cannot require a polygraph test. Pete's Facebook postings have nothing to do with work conditions, and illegal activity is not protected. So the company is liable to Jagger for requiring him to take the polygraph exam, but not to Pete for firing him over illegal drug use.
OSHA Congress passed the Occupational Safety and Health Act (OSHA) to ensure safe working conditions.
Under OSHA:
• Employers are under a general obligation to stay in their workplace free from hazards that would cause serious harm to employees.
• Employers must suit specific health and safety standards. For example, healthcare personnel who work with blood aren't permitted to eat or drink areas where the blood is kept and must not put their mouths on any instruments used to store blood.
• Employers must keep records of all workplace injuries and accidents.
• The Occupational Safety and Health Administration (also referred to as OSHA) refelcts that without any consent of personnels companies should use or access their personal social media details that will be considered as illeagal.
• The Occupational Safety and Health Administration (also referred to as OSHA) may inspect workplaces to make sure that they're safe. OSHA may assess fines for violations and order employers to correct unsafe conditions.
• Companies don't have rights to relate employees personal things to profession in workplace at any manner..

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