The media recently reported on an incident involving a British Columbia woman who admitted to a United States Customs and Border Protection officer that she had recently smoked marijuana. Although she had never been convicted of any criminal offense, this admission alone was sufficient grounds to ban her from entering the United States. The incident raised some interesting legal points, many of which will apply equally to business travellers.
This recent case provides a timely reminder for employers, employees, and their counsel that despite the requirements in a criminal prosecution, an employer does not have to prove allegations of misconduct “beyond a reasonable doubt” in the content of a wrongful dismissal claim.
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