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Employment question


cola490

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Some employee handbooks have clauses which state the employer has a right to search employee cars in employer lots, employee desks and lockers, and employee purses, briefcases and bags. I've not seen one that entitles searching a person, but a call to the cops over a suspicion of MWG on private property and that's covered. Most of these search provisions are in the drug policy and intellectual property/company property sections of the handbook and state by accepting and continuing employment you consent. Probably best to just follow the rules as presented.
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If your place of employment is NOT POSTED, if the owner or supervisor ask you if your are carrying, do you have to answer? I know common sense dictates you want to keep your job, I know under Illinois law if law enforcement asks you must answer.

Regarding the question you actually asked, the law states that if a law enforcement officer asks during an investigative stop if you are carrying, you have to notify him. Unless your employer is a law enforcement officer and he is asking you as part of an investigative stop (yes, I know how ridiculous that scenario is), this does not apply to him.

 

There is nothing in the law that prevents an employer from having a policy prohibiting carrying of firearms in the workplace, but if the business is not posted, this is not a matter of law but of employment policy. But whether you answer your boss truthfully if he asks if you are carrying, and whether he discovers that you are in fact carrying and takes action against you, are two completely different issues.

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Again, people seem to have difficulty with the concept of legal requirements vs. keeping one's job. You do not have to answer. Your employer can fire you for refusing to answer.

 

It's legal to wear red shoes. Your employer can fire you for wearing red shoes to work.

It's legal to drink beer. Your employer can fire you for drinking beer at work.

It's legal to call your boss an idiot. Your employer....well, you get the picture.

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If you're carrying concealed then it shouldn't be a problem. Carry a firearm that you can comfortably conceal in a good holster that you won't be fidgeting with and you're good to go.

At the end of the day, the decision is ultimately yours and the risk is yours to take.

 

Maybe don't carry your first couple days on the job just so that you can get a feel for the place and judge for yourself if you want to carry while on the job.

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He is your boss. He CAN fire you for lying to him- and that has nothing to do with the law for concealed carry- it is his prerogative as the boss. You might not have to tell him per the concealed law- but you can be fired for lying. Think carefully before you answer.

If you're carrying concealed, how would they know if you said you are not carrying? While I agree that you can be fired for lying, your employer is opening themsleves to a sexual harassment lawsuit if they frisk you.

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He is your boss. He CAN fire you for lying to him- and that has nothing to do with the law for concealed carry- it is his prerogative as the boss. You might not have to tell him per the concealed law- but you can be fired for lying. Think carefully before you answer.

If you're carrying concealed, how would they know if you said you are not carrying? While I agree that you can be fired for lying, your employer is opening themsleves to a sexual harassment lawsuit if they frisk you.

 

My thoughts exactly on that. :laugh:

Again, the choice is yours.

I have no idea as to the nature of your work, but I would suggest getting a feel for the place first.

Where I work we have a similar "employees shall not carry" policy, but I know that a few other employees carry on the job and even my boss carries on the job (I got him into shooting).

It feels like the no guns while working rule is kind of a cookie cutter policy that nearly every workplace has, kind of like the no dating coworkers rules.

While not illegal, I for one have broken both of those rules and am willing to live with the consequences. :cool:

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You can be fired for lying. You can be fired for carrying. You can be fired because your boss doesn't like the color shoes you wear.

 

It depends on the situation, but probably the best bet it to laugh at how ridiculous of a question that is. Of course you're not carrying at work. (And make sure do to a good job of concealment.) :)

 

If they're legally posted, it's a different story. B/c breaking the law >>> ignoring an employment policy...

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Since I got my ccw I am much more private about my interest in firearms, especially at work. I don't understand why people want to advertise with bumper stickers, getting into political discussions or having other firearm "marketing" on their stuff. No reason to make myself a target for thieves or nosey people. I see this all as part of staying concealed.

 

FYI - I work for a large company in a bad area where bringing attention to this area has more risk than reward.

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Since I got my ccw I am much more private about my interest in firearms, especially at work. I don't understand why people want to advertise with bumper stickers, getting into political discussions or having other firearm "marketing" on their stuff. No reason to make myself a target for thieves or nosey people. I see this all as part of staying concealed.

 

FYI - I work for a large company in a bad area where bringing attention to this area has more risk than reward.

To each his own, I guess. To the opposite side of the equation... I'm more than happy to advertise, as a matter of promoting concealed carry and getting others interested it.

 

I can think of a dozen or so, off the top of my head...And there may even be several more who I've helped influence into carrying for self defense.

 

Not only do I believe that it will serve to make my community a safer place...I also believe that the more people we can recruit into to exercising their constitutional rights, the less power the state will have in striping those rights away again

 

Sent from my SM-N900P using Tapatalk

 

 

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Can any of you help me interpret this statement listed in my employee handbook?

 

"A license to carry a handgun does not authorize possession of a firearm on Company property or in Company vehicles (except where state law permits)."

This is very similar to my place of employment policy. Firearms are prohibited to carry on company property while working, but allowed to be stored in vehicles on company property. They're basically following the law regarding the parking lot exemption I think.

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Can any of you help me interpret this statement listed in my employee handbook?

 

"A license to carry a handgun does not authorize possession of a firearm on Company property or in Company vehicles (except where state law permits)."

This is very similar to my place of employment policy. Firearms are prohibited to carry on company property while working, but allowed to be stored in vehicles on company property. They're basically following the law regarding the parking lot exemption I think.

 

 

I carry everyday in my company vehicle per my interpretation of the employee handbook. I work from home and have a company vehicle that I drive everyday from home to job site and back. I hardly ever visit the office which they have no guns posted signs. I hope I'm not violating any policies. Thank you Glock22!

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Can any of you help me interpret this statement listed in my employee handbook?

 

"A license to carry a handgun does not authorize possession of a firearm on Company property or in Company vehicles (except where state law permits)."

That statement isn't a prohibition of carrying, so unless theyve prohibited carrying somehow else, it's meaningless.
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Can any of you help me interpret this statement listed in my employee handbook?

 

"A license to carry a handgun does not authorize possession of a firearm on Company property or in Company vehicles (except where state law permits)."

I'm no lawyer but if it's not posted on the entrance (with the approved sign)...Then state law permits it

 

Sent from my SM-N900P using Tapatalk

 

 

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My company policy says we cannot "possess illegal drugs or weapons". My weapons are not illegal, so I carry. Poorly worded policies aren't my problem.

Or it could be a very carefully worded policy intended to allow the lawful exercise of one's rights while satiating the legal team.

My company is based in Northern California, so it's just poorly worded.

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Can any of you help me interpret this statement listed in my employee handbook?

 

"A license to carry a handgun does not authorize possession of a firearm on Company property or in Company vehicles (except where state law permits)."

That statement isn't a prohibition of carrying, so unless theyve prohibited carrying somehow else, it's meaningless.

 

 

^^That.

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Some employee handbooks have clauses which state the employer has a right to search employee cars in employer lots, employee desks and lockers, and employee purses, briefcases and bags. I've not seen one that entitles searching a person, but a call to the cops over a suspicion of MWG on private property and that's covered. Most of these search provisions are in the drug policy and intellectual property/company property sections of the handbook and state by accepting and continuing employment you consent. Probably best to just follow the rules as presented.

 

And most of those policies are illegal. Employees have a reasonable expectation of privacy. A search is only legallly justified if the employer has a reasonable belief or evidence or on the job misconduct. A retail stores policy saying all bags, purses etc will be searched when you clock out is actually illegal.

 

 

Again, people seem to have difficulty with the concept of legal requirements vs. keeping one's job. You do not have to answer. Your employer can fire you for refusing to answer.

 

It's legal to wear red shoes. Your employer can fire you for wearing red shoes to work.

It's legal to drink beer. Your employer can fire you for drinking beer at work.

It's legal to call your boss an idiot. Your employer....well, you get the picture.

Not quite. The first one would lead the the employer being sued and losing if they actually gave that reason. The second of course and the third - depends on the judge but they could argue you created a hostile work environment. At will gives them the right to fire you without a reason not any reason.

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Not quite. The first one would lead the the employer being sued and losing if they actually gave that reason. The second of course and the third - depends on the judge but they could argue you created a hostile work environment. At will gives them the right to fire you without a reason not any reason.

 

 

Correct. Learned about that when my wife had to lay off an employee (for several very good reasons, including theft). She was instructed very carefully by HR to answer "your services are no longer required by the company" or similar when asked "why am I being fired". You can fire without giving a reason, and that will be upheld. But if you give a reason, you open yourself up to heavy scrutiny and the chance that it will be considered "wrongful"...

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