Walmart Fires South Jersey Man Over Drug Use, Lawsuit Says

SWEDESBORO, NJ — A Gloucester County man is suing Walmart and Sam's Club after a positive marijuana test caused the company to take back his job offer at a fulfillment center, court documents show.

Eric Zanetich, of Monroeville, claims Walmart and Sam's Club violated the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA).

Recreational marijuana use is legal for people 21 and over in New Jersey. Garden State employers can’t fire or refuse to hire a worker if they use cannabis on their own time. But bosses will still be able to discipline or fire employees if they get high on the job. Read More: 5 Things You Need To Know About Marijuana Legalization In NJ

Zanetich had applied for a job at the Sam's Club eCommerce Fulfillment center in Swedesboro, and had to take a drug test in January. The company had offered him a full-time Asset Protection Associate job at $19.85 per hour, with a start date of Feb. 2, 2022, court documents show.

Zanetich tested positive for marijuana, court documents show, and HR representatives told him his job offer had been rescinded.

Zanetich filed suit against Wal-Mart Stores East, Inc. and Sam's East Inc. in June. He claims Walmart violated state policy, which says employers cannot refuse to hire, and cannot discharge, an employee based on their cannabis use. "An employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee's bodily fluid," the CREAMMA says.

His suit seeks to prevent Walmart and Sam's Club from "continuing to maintain their illegal policy, practice or customs" in violation of the CREAMMA, on behalf of any plaintiffs who were denied employment in New Jersey because of a positive marijuana test, court documents show.

He is asking that the companies immediately rescind the policy in New Jersey, and to reinstate any employees fired because of their marijuana tests with back pay.

As NJ 101.5 reported, Walmart successfully filed to move the case to federal court earlier this month because both Walmart Inc. and Sam's East, Inc. are headquartered in Arkansas. The damages sought could also exceed $75,000.

In early September, the New Jersey Cannabis Regulatory Commission released new drug testing guidance for employers.

Under these guidelines, employers can require employees to undergo a drug test "upon reasonable suspicion of an employee’s usage of cannabis or cannabis products while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of impairment related to usage of cannabis or cannabis products, or as part of a random drug test program, or following a work-related accident subject to investigation by the employer."

NJ employers must also fill out a form detailing "reasonable suspicion" that an employee is under the influence of any drug, requiring two observers to complete it.