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New Jersey Job Applicants Have No Private Cause of Action for Failure to Hire

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The recent case of Zanetich v. Wal-Mart Stores E., Inc. asked the U.S. District Court for the District of New Jersey to consider an unprecedented issue — whether job applicants possess a private right of action under the state’s recreational marijuana law, the New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). In its ruling, the court held that job applicants do not have a private right of action under CREAMMA. Additionally, the court also determined that there is no common law claim for wrongful failure to hire in violation of public policy in New Jersey.

By establishing these limitations, the court has clarified the boundaries of legal recourse for New Jersey job applicants, while providing guidance for employers navigating the complexities of the evolving cannabis laws and their impact on hiring decisions.

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