Can I get fired for smelling like marijuana?

NEW YORK (PIX11) – Let's say you're commuting to work in New York and you happen to walk by someone smoking marijuana.

Suddenly, your clothes smell a little bit like cannabis. Could that get you fired from your job?

The short answer is no — employers cannot discriminate against employees for simply smelling like marijuana, according to New York labor law. A smell can't indicate if a person is impaired or not while working, labor law states.

In addition, employers aren't allowed to discriminate against employees for using marijuana outside of the workplace, according to the state's Department of Labor. However, if someone is impaired by marijuana while working and it decreases their performance or creates a hazardous workplace, an employer can take action against them.

Employers can't drug test to prove that someone was impaired by marijuana at work, according to state labor law. They can't drug test for cannabis even if federal law allows for it.

Only observable indications of impairment can be cited if an employer believes an employee is impaired at work.

An employer can prohibit using marijuana at work or bringing it to the workplace, labor law states.