Connect with us

Vermont

Medical pot user who lost job after drug test takes case over unemployment to Vermont Supreme Court

Published

on

Medical pot user who lost job after drug test takes case over unemployment to Vermont Supreme Court


Local News

“As a medical cannabis patient in Vermont to treat disabling conditions under Vermont’s Fair Employment Practices Act disability provisions, I should be protected by state agencies. I should not be disqualified from receiving unemployment.”

Ivo Skoric stands outside the Vermont Supreme Court building in Montpelier, Vt., Wednesday, May 29, 2024, after justices heard his appeal. AP Photo/Lisa Rathke
Advertisement

MONTPELIER, Vt. (AP) — A Vermont man who lost his job after he said a random drug test showed he had used medical marijuana off duty for chronic pain has appealed to the Vermont Supreme Court saying he should not have been denied a portion of his state unemployment benefits.

Ivo Skoric, 59, representing himself, told the justices Wednesday that he is legally prescribed the medical cannabis by a doctor and his work performance is excellent and not impacted by the medicine. Yet, he said, in January 2023 he was terminated from his job at the Marble Valley Regional Transit District in Rutland for misconduct after a drug test. He said his job was to clean and fuel buses, and he drove them into and out of the garage onto a lot. The misconduct disqualified him from the benefits, according to the state.

“As a medical cannabis patient in Vermont to treat disabling conditions under Vermont’s Fair Employment Practices Act disability provisions, I should be protected by state agencies. I should not be disqualified from receiving unemployment,” Skoric said.

A lawyer for the ACLU of Vermont, also representing Criminal Justice Reform, and Disability Rights Vermont, also argued that the benefits should not be denied.

Skoric had appealed to the Vermont Employment Security Board after he was found to be ineligible for state unemployment benefits for the weeks ending January 14, 2023, through February 18, 2023, and his maximum benefit amount was capped at 23 times his weekly benefit, according to the board.

Advertisement

In September 2023, the board agreed with an administrative law judge saying Skoric engaged in conduct prohibited by the employer’s drug and alcohol policy, “exposing him to discipline including termination of his employment,” and that because he was discharged for misconduct he was disqualified from those benefits.

The board wrote that it recognizes that Skoric engaged in conduct that is legal in Vermont and that he had “a legitimate and compelling reason to use medical cannabis for treatment.”

But “employers may set workplace policies that prohibit otherwise legal behavior,” the board wrote, saying that it agreed with the administrative judge that the minimum disqualification is appropriate.

The board later declined Skoric’s request for a declaratory ruling on whether the misconduct disqualification provision applied to the off-duty use of medical cannabis, which he asked the state Supreme Court to review.

Jared Adler, a lawyer representing the Vermont Department of Labor, said the court should affirm the board’s decision because he was discharged for misconduct for violating an acknowledged workplace safety policy and because “Vermont’s drug code does not guarantee unemployment benefits to people who test positive during a random drug screening.”

Advertisement

When asked by a justice if there’s a distinction between consumption and impairment Adler said there is but “there’s no clean way” for an employer to distinguish between consumption and impairment in the case of cannabis because, unlike other drugs, it can exist for an extended period of time in an individual’s system after consuming it. Skoric also said that even though he had used the medical cannabis off-duty, it can show up days later in someone’s system, which makes the testing meaningless.

There’s a balancing test for trying to protect both the public and an employer’s need to conform their policies with federal law, Adler said. Skoric acknowledged his employer received up to 60% of their funding for their business from federal grants, Alder said.

So it was extremely important to ensure that the employer adhere to these federal rules and not risk losing that revenue, Adler said.

Skoric said his position is that “off-duty use of cannabis for state-sanctioned medical purposes cannot and should not be qualified as misconduct by the state.”

“I should not have to choose between state benefits and the medical care (the) state granted me to use,” he said. “I should never be put in that impossible position to choose between benefits and the legal medicine I use.”

Advertisement





Source link

Advertisement

Vermont

21-year-old killed in wrong-way crash on I-89 in Vermont; other driver cited

Published

on

21-year-old killed in wrong-way crash on I-89 in Vermont; other driver cited


A 21-year-old is dead after a pickup truck slammed head-on into her vehicle on Interstate 89 Wednesday evening in Bolton, Vermont, and the other driver involved has been cited.

State police say they responded around 5:22 p.m. to reports of a wrong-way driver in the area of mile marker 71. As troopers were responding, a multi-vehicle crash on the interstate was reported to dispatchers.

A preliminary investigation shows 45-year-old Timothy Wooster was driving a Toyota Tundra in the northbound lane when he crossed the median into the southbound lane, where he continued traveling the wrong way until he collided head-on with a Kia Sportage that was being driven by 21-year-old Hailey Westcot, police said.

A third vehicle, a Cascadia Freightliner, was traveling southbound when the head-on collision happened ahead, causing the vehicle to strike Westcot’s car and then rollover.

Advertisement

Westcot, of Northfield, Vt., was pronounced dead at the scene, police said. Wooster, of Jericho, Vt., was taken to University of Vermont Medical Center to be treated for serious but non-life-threatening injuries.

The third driver who was involved, 50-year-old Douglas Bailey, of Londonderry, New Hampshire, was evaluated on scene and did not report any injuries, police added.

Officials haven’t said what led Wooster to allegedly drive in the wrong direction on the highway. Wooster was cited on a charge of grossly negligent operation with death resulting. Further charges will be determined as the investigation continues, according to police.

Any witnesses are asked to contact Trooper Shawn Morrow at 802-878-7111. Anonymous tips can be submitted online here. The investigation remains ongoing.

It’s unclear if Wooster has obtained legal representation at this time. He’s due in Chittenden County Superior Court on Jan. 29, 2026.

Advertisement



Source link

Continue Reading

Vermont

UVM men’s rugby team wins first-ever national championship – VTDigger

Published

on

UVM men’s rugby team wins first-ever national championship – VTDigger


The University of Vermont men’s rugby team celebrates after winning its national championship game against the University of Chicago on Sunday, Dec. 14. Photo courtesy of National Collegiate Rugby

The University of Vermont men’s rugby team romped the University of Chicago last weekend, 71-5, to win its first-ever national championship. It’s the second time, notably, that a UVM sports team has won a national-level title in the past year.

Rugby is not a varsity sport at UVM — such as soccer or basketball — which means the school’s men’s and women’s teams play outside of the National Collegiate Athletic Association, or NCAA. The men’s team plays in National Collegiate Rugby’s Division II, which has more than 100 teams in different regional conferences across the country.

The team’s win Sunday capped an undefeated season that also saw it dispatch rivals in earlier rounds of the Division II tournament by double-digit margins.

“It really hasn’t even set in yet, still. Every time I see a picture or something, I’m like, holy — I can’t believe it,” said Jack Worobel, a senior mechanical engineering major at UVM who plays in the No. 4, or “lock,” position. “It’s awesome.”

Advertisement

In UVM’s rugby league, 15 players are on the field for each team at a time. Players advance the ball by running or kicking it but aren’t allowed to pass the ball forward. Points come primarily through “tries,” which are worth five points each and scored by bringing the ball into the opponent’s in-goal area and touching it to the ground.

Worobel credited UVM’s win to strong bonds that he said he and his teammates have built up over the past four years. A number of the players, including himself, have been on the team every year since they were first-year students, he said.

UVM has had a men’s rugby team since 1970, according to a school press release.

The University of Vermont men’s rugby team handily defeated the University of Chicago 71–5 to win its first ever national championship. Photo courtesy of National Collegiate Rugby

“We all do anything for each other. Anyone would do a favor for anyone else on this team — I think that’s where the win comes (from),” Worobel said Wednesday. “It’s not from the skill or the talents. Really, it’s what’s off the field.”

The rugby team’s win comes about a year after UVM’s men’s soccer team — which competes at the highest level of collegiate athletics — won the NCAA Division I championship last December. UVM has also won six NCAA championships in skiing, with the most recent coming in 2012.

Advertisement





Source link

Continue Reading

Vermont

Police investigating after ATV stolen from Vt. driveway

Published

on

Police investigating after ATV stolen from Vt. driveway


Police are asking for the public’s help in their ongoing investigation into a stolen all-terrain vehicle in Derby, Vermont.

State police say they were notified around 4 p.m. on Oct. 31 that a Camouflage 2008 Yamaha Rhino 700 ATV had been stolen from a driveway on Main St. The theft occurred some time between 10 p.m. on Oct. 30 and 7 a.m. on Oct. 31.

No other details were immediately available. Police did released two photos as part of the investigation.

Anyone with information about this theft is encouraged to call Vermont State Police at 802-334-8881, or leave an anonymous tip online.

Advertisement



Source link

Continue Reading

Trending