Legal question regarding work weapons policy.

Gun related chat that doesn't fit in another forum

Legal question regarding work weapons policy.

Postby tman on Tue Aug 04, 2015 8:09 pm

"Your services are no longer required." "You're fired."

Pretty much all they need say. If you think you were wrongly terminated, it's up to you to prove it.

At least that's how I think it works.


Trogdor wrote:I assumed, as previously stated the reason one would be fired would be violation of company policy. Not "having a firearm in your car."

Though, I wonder in a wrongful termination case if you can make them state the specific policy which was violated, and in what way you violated it.

I've been going with the "follow the law" thing for now. Though rumor is someone else I work with is going with the "**** it," approach, and keeps his on him, lol.
Badged Thug & MN Permit to Carry Instructor
Slowly growing 1911 Glock collection. Donations accepted
User avatar
tman
 
Posts: 2981 [View]
Joined: Sat Sep 29, 2007 9:25 pm
Location: Centrally isolated in Northern MN

Re: Legal question regarding work weapons policy.

Postby unfitmother on Tue Aug 04, 2015 9:57 pm

Glad to see you back!
Semper Gumby
unfitmother
 
Posts: 225 [View]
Joined: Tue Feb 28, 2012 8:05 am
Location: Idaho

Re: Legal question regarding work weapons policy.

Postby Hmac on Wed Aug 05, 2015 7:04 am

Trogdor wrote:I assumed, as previously stated the reason one would be fired would be violation of company policy. Not "having a firearm in your car."

Though, I wonder in a wrongful termination case if you can make them state the specific policy which was violated, and in what way you violated it.

I've been going with the "follow the law" thing for now. Though rumor is someone else I work with is going with the "**** it," approach, and keeps his on him, lol.


How do we know that firing someone for keeping a gun in their car makes the termination illegal? The company might get dinged, might even get fined, might even be vulnerable to a civil suit...but I suspect you'd still be fired.

Maybe one of you is willing to be a test case?
User avatar
Hmac
 
Posts: 2599 [View]
Joined: Sun Sep 05, 2010 9:51 am

Re: Legal question regarding work weapons policy.

Postby yukonjasper on Wed Aug 05, 2015 11:57 am

good to see you Tman.
Deo Adjuvante Non Timendum - (with the help of God there is nothing to be afraid of)
Spectamur Agendo - (We are proven by our actions)
Non Ducor, Duco - (I am not led, I lead)
NRA Life Member
User avatar
yukonjasper
 
Posts: 5823 [View]
Joined: Wed Feb 06, 2008 3:31 pm
Location: eagan

Re: Legal question regarding work weapons policy.

Postby mrp on Wed Aug 05, 2015 1:26 pm

PhilaBOR wrote:Just be careful if you carry and disarm when you get to work. I did that for years. I had a lock box cabled to the seat mount. It is stupid and dangerous to have to unholster and handle the gun, but I needed the job, income and health insurance as my wife had cancer. At least if it's a pocket gun, you can leave it holstered. The full size M&P had to come out of the Crossbreed before it went into the nano vault.
And park where you can do this unseen from the building or other employees passing by.


Don't be paranoid. Everyone in the office thinks you're just in the habit of having yourself a little wank in the parking lot before you come into work. :lol:
User avatar
mrp
 
Posts: 960 [View]
Joined: Wed Jan 13, 2010 10:54 am

Re: Legal question regarding work weapons policy.

Postby bullets on Wed Aug 05, 2015 8:56 pm

yukonjasper wrote:good to see you Tman.


+1
bullets
 
Posts: 365 [View]
Joined: Sun Jan 20, 2008 2:56 pm
Location: Midwest

Legal question regarding work weapons policy.

Postby PHATSPEED7x on Thu Sep 10, 2015 10:03 pm

I can name a company who is very anti gun about having their employees have weapons even in their vehicle on company property. Autozone. Even Oreilly auto parts doesn't want you to have them in your vehicle. When I worked for Oreilly I kept it in my vehicle until management left. Then I would carry it on my person til closing time. Locking up a part store at night was a job I wasn't willing to take a chance with.

Currently I work at a dealership that has no official weapons policy in place. I spend most of my time hidden in the back helping techs with parts. This last spring we had one of our sales people have a scary encounter with a strange customer. Actually pulled a knife on her while she was in the office. Police where called and they hauled the crazy guy away. After that the number of permit holders doubled at the dealership.

I just stick with the concealed means concealed.


Sent from my iPhone
"Amateurs train until they get it right... Professionals train until they get it wrong"
User avatar
PHATSPEED7x
 
Posts: 1416 [View]
Joined: Wed Dec 15, 2010 10:21 pm

Re: Legal question regarding work weapons policy.

Postby OldmanFCSA on Fri Sep 11, 2015 2:42 am

I used to have various "dummy" cartridges at my desk on display, until a new HR person called me up on company violation. They then searched my desk and confiscated my displays.

SO ................................................................ as the same company makes 25mm "dummy = inert" rounds to test loading mechanisms, I had the entire inventory of next shipment locked up in Quarantine Area under same ruling. That got their attention!!!

Upon further disciplinary procedures, I then notified them that any further harassment would result in the B.A.T.F.E. being notified that modification to loading and firing mechanisms were being performed without the required Federal licensing.

That stopped the harassment until the company was sold, new management was brought in, the Engineering , Quality, and Manufacturing (me) managers were walked out and replaced with "new" younger management with proper attitudes. ( Within 3 months, they lost the Boeing Military Certification, laid-off 35% of the employees, and closed a complete machining facility within a year due to further loss of certifications.)

Progress within the workplace - making things safer for employees working with inert AND LIVE ammunition in the completion of their duties. Go Figure.



#2 !!!


EDIT - a year later, the CEO and General Manager were escorted off the property to never return due to damage to company that was never able to recover from their ineptitude. The company is still not back in operation with any military certifications. Leaves a bad taste in us, the 3 walked-out managers, due to our work getting the certifications that allowed the company to grow from $8.1 million to $25.3 million with 99.8% on-time deliveries at time of sale. Enough said.
OldmanFCSA
 
Posts: 3216 [View]
Joined: Sat Sep 24, 2011 9:55 pm
Location: Osceola, WI.

Re: Legal question regarding work weapons policy.

Postby Hmac on Fri Sep 11, 2015 5:18 am

OldmanFCSA wrote:I used to have various "dummy" cartridges at my desk on display, until a new HR person called me up on company violation. They then searched my desk and confiscated my displays.

SO ................................................................ as the same company makes 25mm "dummy = inert" rounds to test loading mechanisms, I had the entire inventory of next shipment locked up in Quarantine Area under same ruling. That got their attention!!!

Upon further disciplinary procedures, I then notified them that any further harassment would result in the B.A.T.F.E. being notified that modification to loading and firing mechanisms were being performed without the required Federal licensing.

That stopped the harassment until the company was sold, new management was brought in, the Engineering , Quality, and Manufacturing (me) managers were walked out and replaced with "new" younger management with proper attitudes. ( Within 3 months, they lost the Boeing Military Certification, laid-off 35% of the employees, and closed a complete machining facility within a year due to further loss of certifications.)

Progress within the workplace - making things safer for employees working with inert AND LIVE ammunition in the completion of their duties. Go Figure.

EDIT - a year later, the CEO and General Manager were escorted off the property to never return due to damage to company that was never able to recover from their ineptitude. The company is still not back in operation with any military certifications. Leaves a bad taste in us, the 3 walked-out managers, due to our work getting the certifications that allowed the company to grow from $8.1 million to $25.3 million with 99.8% on-time deliveries at time of sale. Enough said.


Sounds pretty much like a Pyrrhic victory for you.
User avatar
Hmac
 
Posts: 2599 [View]
Joined: Sun Sep 05, 2010 9:51 am

Re: Legal question regarding work weapons policy.

Postby Holland&Holland on Fri Sep 11, 2015 6:55 pm

OldmanFCSA wrote:I used to have various "dummy" cartridges at my desk on display, until a new HR person called me up on company violation. They then searched my desk and confiscated my displays.

SO ................................................................ as the same company makes 25mm "dummy = inert" rounds to test loading mechanisms, I had the entire inventory of next shipment locked up in Quarantine Area under same ruling. That got their attention!!!

Upon further disciplinary procedures, I then notified them that any further harassment would result in the B.A.T.F.E. being notified that modification to loading and firing mechanisms were being performed without the required Federal licensing.

That stopped the harassment until the company was sold, new management was brought in, the Engineering , Quality, and Manufacturing (me) managers were walked out and replaced with "new" younger management with proper attitudes. ( Within 3 months, they lost the Boeing Military Certification, laid-off 35% of the employees, and closed a complete machining facility within a year due to further loss of certifications.)

Progress within the workplace - making things safer for employees working with inert AND LIVE ammunition in the completion of their duties. Go Figure.



#2 !!!


EDIT - a year later, the CEO and General Manager were escorted off the property to never return due to damage to company that was never able to recover from their ineptitude. The company is still not back in operation with any military certifications. Leaves a bad taste in us, the 3 walked-out managers, due to our work getting the certifications that allowed the company to grow from $8.1 million to $25.3 million with 99.8% on-time deliveries at time of sale. Enough said.
a

Sounds like you were a model employee. ;)
User avatar
Holland&Holland
 
Posts: 12479 [View]
Joined: Mon Jan 12, 2009 9:17 am

Re: Legal question regarding work weapons policy.

Postby OldmanFCSA on Fri Sep 11, 2015 8:32 pm

I've never been a model employee - but I do work hard to get my job done.

The HR department and upper management served 6 sub-divisions at various locations around mid-west. HR was a pain in everybody's rear.
OldmanFCSA
 
Posts: 3216 [View]
Joined: Sat Sep 24, 2011 9:55 pm
Location: Osceola, WI.

Re: Legal question regarding work weapons policy.

Postby 340PD on Mon Dec 07, 2015 5:54 am

Back when the MCPPA of 2003 passed (the first time) my company (like many I assume) made record time in posting "no guns allowed" signs. They followed that up with a company wide email indicating that even though a law had passed allowing people with a permit to carry a firearm on their person , the company policy has always, and still did, prohibit weapons including firearms on company property. They wanted to stress to everyone and make sure that all employees thoroughly understood that this also included the company parking lot. They said under NO circumstances could anyone keep firearms in their vehicle as the parking lot was on company property. They even went so far as to point out (albeit incorrectly) that they also had the right to SEARCH anyone's vehicle at any time because, again, it was on company property. Well, me being me and having been there for quite some time, I felt the need to poke the bear just a little bit. I sent the HR person who sent out this lovely little email a response email letting her know that the carry law SPECIFICALLY allowed people to have a firearm in their car EVEN on company property. I told her my reason for pointing this out was that I didn't want the company to open themselves up to potential litigation by assuming that what they had said in their email was even remotely true, on either point (see, I was being nice). I was going to go a step further and point out that the "no guns allowed" sign they posted didn't meet the legal requirement and why. Then I thought, no, I'll leave that one alone.

As a humorous side note, I'd already pointed out the "car searching was illegal" bit a while back. In another email that I found rather humorous, HR let everyone know that it had been reported that someone had been stealing other people's lunches out of the company refrigerator. As such, they decided that as a means of catching the thief, they had the right to search people's desks AND their vehicles in the parking lot since they were on company property. I'm not sure if they thought the thief was going to hide the stolen brown paper bag (or perhaps half an uneaten sandwich) from the lunch they had illegally obtained, in their vehicle. To my knowledge the food thefts stopped of their own accord and they never needed to test the legality of searching someone's vehicle for illegally obtained food stuffs. I was actually kind of hoping they would cross that line just to see them try it.
340PD
 
Posts: 58 [View]
Joined: Wed Jul 25, 2012 1:09 am

Previous

Return to General Gun Chat

Who is online

Users browsing this forum: Google [Bot] and 14 guests

cron