Introduction: Understanding Your Right to Compensation
Because AB 2188 operates under California’s Fair Employment and Housing Act (FEHA), employees who prove cannabis discrimination can access the full range of remedies. Unlike federal anti-discrimination laws that cap certain damages, FEHA provides no caps on compensatory or punitive damages.
Economic Damages
Back Pay
Lost wages and benefits from termination date to resolution, including:
-Base salary or hourly wages
-Overtime, commissions, bonuses
-Lost benefits (health insurance, retirement contributions)
-Stock options
-Vacation and sick time
Front Pay
Future lost earnings when reinstatement not feasible.
Reinstatement
Return to former position with same pay, benefits, seniority.
Non-Economic/Compensatory Damages
Emotional Distress Damages
No cap under California law includes anxiety, depression, humiliation, loss of sleep, mental anguish.
Punitive Damages
Available for malicious, oppressive, or fraudulent employer conduct. No statutory cap under California law.
Attorney’s Fees and Costs
Prevailing plaintiffs in FEHA cases may recover reasonable attorney’s fees, removing the financial barrier to pursuing legitimate claims.
CRD Enforcement vs. Private Lawsuits
CRD Enforcement:
-No cost to employee for representation
-CRD may file lawsuit on your behalf
-May take longer than private litigation
Private Lawsuits:
-Full range of FEHA damages available
-More control over litigation strategy
-Contingency fee arrangements common
Disclaimer: This article provides general information and should not be considered legal advice. Actual damages depend on the specific facts of each case. Consult with an employment attorney about your specific situation.
If you have been terminated or penalized by your employer for off-duty marijuana use, please call our marijuana assistance hotline at (949) 620-0718.
