ASHDOWN, Ark. -- A former Domtar Paper Co. employee has filed a lawsuit against the company after he was reportedly fired for testing positive for marijuana that he claims was medically prescribed.
According to the lawsuit filed in the Little River Circuit Court on July 29, Bryan Prinsen of Miller County, Arkansas, is seeking damages against Domtar following his dismissal from the company's Ashdown-based facility earlier in July.
Prinsen claims he was terminated from the company as a result of his status as a medical marijuana patient. The suit states Prinsen used marijuana specifically while "away from work."
The lawsuit cites Amendment 98 to the Arkansas Constitution which cites that "an employer shall not discriminate against" an "employee ... based upon the employee's status as a qualifying [medical marijuana] patient." The legal modification was made to the Arkansas Medical Marijuana Amendment, which legalized the use of medical marijuana in Arkansas. The medical marijuana amendment was passed in 2016 by a vote of 53% as an amendment to the state constitution.
Prinsen claims in the lawsuit he was fired from Domtar on July 12 despite informing the company two years ago that he was a medical marijuana patient.
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According to documents, Prinsen believes he was terminated from his position after the company changed its medical marijuana policy to reclassify all of its workforce as "safety-sensitive." Under this designation, employers can hire or fire individuals who qualify for medical marijuana based upon the assumption that using marijuana would "constitute a threat to health or safety." Prior to the change Prinsen states his position did not qualify as "safety-sensitive."
Following this policy change, Prinsen claims he was initially suspended without pay and later fired. The suit states Prinsen has been employed by Domtar for 11 years. In addition, the suit claims no disciplinary action was taken by the company after he tested positive for marijuana over the past two years due to his status as a medical marijuana patient.
The lawsuit notes that Domtar offered Prinsen an opportunity to return to work if he could produce a clean drug test or attend drug rehabilitation. Prinsen claims he could not produce a clean drug test and refused to attend rehabilitation for his prescribed use of medical marijuana.
As a result of his termination, Prinsen suffered a loss of wages and benefits and will continue to suffer the loss in the future, according to court documents.
Prinsen is represented by North Little Rock Attorney Chris Burks.
A summons informing Domtar of the lawsuit has been filed in Little River Circuit Court, according to documents. A response from Domtar had not been filed as of Friday.