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Can a worker be fired for getting high in his free time?

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By World Crunch


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DIE WELT (Germany)

Worldcrunch

BERLIN - A 25-year-old track layer was fired by Berlin's public transportation company BVG for smoking hash on the weekend, Die Welt reports. A court decision in the Denny W. case could set a precedent in German law with regard to whether an employee in a sector where public safety is an issue can consume recreational drugs -- off job premises, in their free time -- that may still be in their system when they return to work.

The case emerged after Denny W. applied for an additional job qualification as truck driver, and needed to pass a medical to get the license. The doctor refused to clear him based on the results of urine analysis and drug screening, and also questioned his suitability for his track-laying job. After a follow-up set of tests yielded the same results, Denny W. was fired. The BVG cited concern for safety as the reason, Die Welt reported.

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The court will announce its verdict on August 28.


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