Legal question regarding work weapons policy.

View · by **srtolly** on Thu Jul 23, 2015 7:05 pm

My employer says the same thing. I lock it in the safe and lock the truck. If they find out its in there they broke in, law is on my side then.

View · by **LePetomane** on Thu Jul 23, 2015 7:34 pm

MWAG wrote:Side note: I'm a single, white, employed, heterosexual male that smokes and likes guns, when do I become a protected class?

Never.

View · by **xd ED** on Thu Jul 23, 2015 7:45 pm

LePetomane wrote:
MWAG wrote:Side note: I'm a single, white, employed, heterosexual male that smokes and likes guns, when do I become a protected class?

Never.

Never say: "Never"

View · by **Rodentman** on Thu Jul 23, 2015 8:05 pm

When I was "accused" of being violent because someone found out I was a gun owner, I told the CFO and security director that I carried in my car and intended to continue to do so. Never heard about it again. Both of those people are gone from the CO as is the person who accused me of being violent. I'm surprised they gave her the time of day, frankly, and that's what has me still a tad frosted. BTW the new corporate counsel is a gun owner and supporter.

CO policy states that they can search an employee, his car, desk, and personal property (briefcase) any time. They have brought in a sniffing dawg a couple of times.

My "ace in the hole" is that I really don't care if they can me, but neither am I worried about it. They can always find a reason, or make one up. No one is indispensable, but they'd be in deep doo doo if I left.

View · by **LePetomane** on Fri Jul 24, 2015 4:27 am

xd ED wrote:
LePetomane wrote:
MWAG wrote:Side note: I'm a single, white, employed, heterosexual male that smokes and likes guns, when do I become a protected class?

Never.

Never say: "Never"

OK, you caught me. But I wouldn't want to be in a protected class as everyone I know who is and preoccupies themselves on it is miserable. I wouldn't trade my situation for that misery.

View · by **Hmac** on Fri Jul 24, 2015 5:00 am

Ghost wrote:
Hmac wrote:Minnesota is an "at will" employment state. They can fire you, or not hire you, for any reason (excluding the reason that you might be a member of a "protected" group under the civil rights act).

Yes, but I assume your termination will read that your position was eliminated and not because you had a firearm in your car in the parking lot.

That said nobody should ever know if you have a firearm in your car. It's your employers rules when you walk in the door of the building so you are at their mercy.

It would certainly take an inexperienced HR person to document something that is against the law. Anyway, it's more likely that the file will read "terminated for unwillingness to follow corporate policy". It's even simpler if this all occurs within the customary probationary period.

View · by **Rodentman** on Fri Jul 24, 2015 5:15 am

CO's I have worked for buy an "I.T." policy from Lawyers-R-Us which says that your internet usage is limited to work related activities or very limited personal stuff. So they can always get you on violation of a policy that is open ended and unclear. Besides 99.99% (everyone but me) use their smell phones on the CO network and play with them all day long. (I have a sign prohibiting smell phone use in my office, but of course it's ignored).

I wanted to bring in an Internet radio and was told no. So I ask why people are zoned out with their ear buds all day using their phones. No response. I try to talk to a co-worker and I get the pained expression and the eyeroll as they pull their earbuds out to reluctantly discuss business with me.

View · by **Hmac** on Fri Jul 24, 2015 7:16 am

Rodentman wrote:CO's I have worked for buy an "I.T." policy from Lawyers-R-Us which says that your internet usage is limited to work related activities or very limited personal stuff. So they can always get you on violation of a policy that is open ended and unclear. Besides 99.99% (everyone but me) use their smell phones on the CO network and play with them all day long. (I have a sign prohibiting smell phone use in my office, but of course it's ignored).

I wanted to bring in an Internet radio and was told no. So I ask why people are zoned out with their ear buds all day using their phones. No response. I try to talk to a co-worker and I get the pained expression and the eyeroll as they pull their earbuds out to reluctantly discuss business with me.

They don't need a BS excuse. They can fire you if they don't like the color of your shirt.

View · by **PhilaBOR** on Fri Jul 24, 2015 7:27 am

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.

View · by **my1stpistol** on Fri Jul 24, 2015 3:40 pm

Hmac wrote:Minnesota is an "at will" employment state. They can fire you, or not hire you, for any reason (excluding the reason that you might be a member of a "protected" group under the civil rights act).

You can be fired for no reason or any reason.They cannot fire for what is an illegal reason, not just a " protected class ".
So getting fired for having a gun in your car would be an illegal reason in this case.

View · by **Hmac** on Fri Jul 24, 2015 6:24 pm

my1stpistol wrote:
Hmac wrote:Minnesota is an "at will" employment state. They can fire you, or not hire you, for any reason (excluding the reason that you might be a member of a "protected" group under the civil rights act).

You can be fired for no reason or any reason.They cannot fire for what is an illegal reason, not just a " protected class ".
So getting fired for having a gun in your car would be an illegal reason in this case.

Like I said, they'd be stupid to write down that someone was fired for having a gun in their car. If he did prove that that was the reason, it might be grounds for a lawsuit, but he's still fired. If they document it at all, they'd write it down as failure to follow company policy or some other such vague nonsense. But they don't have to give any reason, just "clear out your desk".

View · by **MWAG** on Wed Jul 29, 2015 11:26 am

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.

City park across the street.

We have cameras all throughout the parking lot, I'd be a fool to do it there

View · by **yukonjasper** on Wed Jul 29, 2015 2:06 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.

This is the reason I like the IWB with belt clips - you don't have to remove the gun from the holster - just unhook it and put the whole package in the lock box/safe.

View · by **xd ED** on Wed Jul 29, 2015 2:12 pm

yukonjasper wrote:
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.

This is the reason I like the IWB with belt clips - you don't have to remove the gun from the holster - just unhook it and put the whole package in the lock box/safe.

The issue is (for me, at least) the holstered pistol is too large for the lock box. But you are correct that dealing with this type of situation is one criteria in selecting a holster.

View · by **Trogdor** on Sat Aug 01, 2015 3:13 am

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.