You may have seen a great deal lately about CBD oil and hemp products from food supplements to beauty aids, often with great promises for pain or anxiety relief. The wave of these products has many employers wondering whether they impact workplace drug policies and testing. CBD oil is a chemical compound derived from the Cannabis plant. Both hemp and marijuana are types of Cannabis. While hemp is now legal for many applications under federal law thanks to a statute passed by Congress in December 2018, marijuana remains illegal under the federal Controlled Substances Act, just as it has been

In the recently decided Tennessee Credit Union v. Wanda Powell et al., the Tennessee Court of Appeals held that even a knowing violation of workplace rules does not constitute misconduct if the violation is made “in good faith.” Under Tennessee law, terminated employees are disqualified for unemployment benefits if they are found to have been discharged for “misconduct” connected with their work. Tennessee law defines misconduct as including “violation of an employer’s rule.” The law also specifically excludes violations resulting from “good faith errors in judgment.” In Tennessee Credit Union, Powell was terminated from her job at TCU for sending six hundred