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Intersting Situation at work...

5026 Views 36 Replies 26 Participants Last post by  Cthulhu, 
A
Before I get into the store let me give you a little background. I have been working for this company for ~7 months and I carried my pistol with me every day I worked due to having to walk down a bad part of town over 1/4 to my car every night at 12am... oh and it being my right.... I checked the companies policy and there was no mention of firearms. I also asked my direct supervisor if it would be a problem and they stated it would not be. (Big mistake... never going to do that again)

Now fast forward to 7 months into the job. I get pulled into an office with the head of HR and my hiring manager yesterday stating they have reason to believe that I carry to work. I am a truth full person so I said yes I do every day. They were shocked and were like why do you have a problem with people you work with.... I was like no I carry for my personal safety walking to my car and because it is my right. Well the conversation goes on for 5-10 min with them saying how they do not approve and I must sign a new situational amendment to the corporate policy restricting firearms while working.

Here is the policy:

"No firearms are permitted on company premises. No firearms shall be stored in any vehicle within the vicinity of the corporate owned or leased property. A valid concealed carry permit does not authorized you to carry a concealed weapon on any corporate owned, leased, or occupied property, event or function."

Reread the 2nd sentence of the policy: "No firearms shall be stored in any vehicle within the vicinity of the corporate owned or leased property."

That directly breaks 790.251(Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes) Which I told them as soon as they mentioned it. They still made me sign the paper or lose my job...

They said they found out because some one said I was flaunting the gun which I find very hard to believe since I would never touch the weapon without having reason to use it or remove it for the day....

The only way I think that they could have found out about it is my boss that I asked about it when I got hired talking to other people about it which I know he did because they would come up to me and ask me what they needed to do to get their own... I assume that one of the anti gun people I work with heard about this and turned me in making a big ordeal about it.

Let me know what you think....

-- Adam
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MamaBear
In your voice full of sweetness and light can you ask them that if they are going to restrict your right to carry can they guarantee you safe passage from your car to the building every night? They have the responsibility to protect their employees, don't they? Do they have off site parking that would cause you harm in any way walking to and from your vehicle while in their employment?

It does appear that if you know you didn't flaunt your gun then it would necessarily be narrowed down to the people you know you've spoken to about carrying at work. Would it cause a problem if you went back to them to ask why they said something or would that just open a can of worms?

You are in a predicament and your low key humble attitude will go far. Just keep reminding them it is for your personal safety only that you carry to and from the parking lot in order to do your job for them.

I wish I could be of more help. I can imagine that more and more employees are going to be facing this same situation as we progress deeper into our current political climate.
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T.S.
Unfortunately you have learned a valuable lesson. Trust NO ONE when it comes to your Second Amendment rights at work.

But, that bridge has already been crossed, so you need to make a decision. Do you need the job more than you need to carry a concealed weapon, OR do you feel your Second Amendment rights are important enough to get an attorney and fight your boss.

If you choose the latter and lose, then you will lose your job as well. If you choose the latter and win, will your boss find another reason to fire you anyway?

I am not sure what your financial situation is, but if you can find another job, I would be starting my search NOW, because in my opinion either way you are going to lose one way or another.

By the way, when you do find your next job, remember what Bill Clinton said ... " Don't Ask - Don't Tell ".

Good luck to you
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gators_2006
Your company doesn't fall into any of the exceptions that are writen into the statue does it?

(7) EXCEPTIONS.--The prohibitions in subsection (4) do not apply to:

(a) Any school property as defined and regulated under s. 790.115.

(b) Any correctional institution regulated under s. 944.47 or chapter 957.

(c) Any property where a nuclear-powered electricity generation facility is located.

(d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted substantial activities involving national defense, aerospace, or homeland security.

(e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property.

(f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer.

(g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government entity, or general law of this state.
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A
Thanks for the replies...

Personally I am not the type of person that will take legal action unless is it is much bigger issues than this. I just think the policy needs revised not to break our 2nd amendment right set forth in 790.251.

The good news is that I now work at a different office than before where I can park at the building and for this reason I did not have the weapon on my at work when I was quested. Truthfully I have not carried to work in over 3 weeks so it is odd to me how I would have flaunted it recently. That is the main issue that urks me is that someone would say that along with the no gun in car part.

As much as I hate to say it I understand a companies concern about carrying at work such as trying to shoot he bad guy and hitting another employee ect... but I do believe it is your right to carry.

--Adam
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A
No it does not fall into any of those categories...

I have memorized that statute since this issue.
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OrlandoDriver
Send a copy of that policy to the State Attorneys office or you can have it done by someone else as to not to have your self put in the spot light and you will see them do the work and make sure your employer complies with the law.
Hope this helps.
http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h050303er.pdf
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T.S.
OrlandoDriver said:
Send a copy of that policy to the State Attorneys office or you can have it done by someone else as to not to have your self put in the spot light and you will see them do the work and make sure your employer complies with the law.
Hope this helps.
http://www.flsenate.gov/data/session/2008/House/bills/billtext/pdf/h050303er.pdf
Click to expand...
Great advice OD! :thumsup
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OLDJEEP813
My question is this new gun policy they made you sign is it being signed by all employees or were you singled out? I would think they would have to get all employees to sign. You may find that there are others that carry but haven't been made.
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OrlandoDriver
OLDJEEP813 said:
My question is this new gun policy they made you sign is it being signed by all employees or were you singled out? I would think they would have to get all employees to sign. You may find that there are others that carry but haven't been made.
Click to expand...
I agree if you were singled out, Thats definately discrimination.

Get something you can pocket carry or a band around your chest would place your gun underneath your shirt un-noticable.
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capngeo
Just curious Adam... what type of business was it?
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airhead
In FL, you can be fired at any time without any cause.

If you make a stink, you will be canned. Not for the stink, but for taking an extra 30 seconds for lunch or some other BS they find to stick in your file.

If you signed this and everyone else did not, send it to the AG.

If you signed this and everyone else did too, still send it to the AG. Get them all to send it to the AG.

Send a memo to your boss and the HR director and everyone else up the chain stating that by removing your 2a rights, they are taking responsibility for you at work and since you cannot even leave it in your car (which is legal) they are responsible for your safety all the way from and back to home. Should any violence happen to you that could have been prevented by you being able to defend yourself, it will be their responsibility.

(Probably very hard to prove, but it may make them think.)

Good luck finding a new job.
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deadeyedick
While Florida is an "at will" state in terms of employment, there is sufficient case law to negate the notion that you can be fired for any reason. You cannot legally be fired for storing a firearm in your vehicle in accordance with FL790.251; they may still fire you, but you have solid legal recourse against the employer. And any agreement that requires you to forego any legal rights and/or protections as a condition of employment cannot be enforced.
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henryher
As I understand it. They can prohibit you from carrying a firearm into the company building and vehicles. However, they can not keep you from having a legal firearm in your vehicle in their parking lot. I believe this has already been discussed before.
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Glockster
The best advise....

TampaSsgt said:
Unfortunately you have learned a valuable lesson. Trust NO ONE when it comes to your Second Amendment rights at work.

But, that bridge has already been crossed, so you need to make a decision. Do you need the job more than you need to carry a concealed weapon, OR do you feel your Second Amendment rights are important enough to get an attorney and fight your boss.

If you choose the latter and lose, then you will lose your job as well. If you choose the latter and win, will your boss find another reason to fire you anyway?

I am not sure what your financial situation is, but if you can find another job, I would be starting my search NOW, because in my opinion either way you are going to lose one way or another.

By the way, when you do find your next job, remember what Bill Clinton said ... " Don't Ask - Don't Tell ".

Good luck to you
Click to expand...

Trust no living sole, walk and talk lightly among the dead, it been said!
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A
Thanks for all the post.

I was the only one that had to sign it. I did ask them if everyone was going to or if it was just me they told me everyone but we will see.

Like I said I try to be honest but I guess I am not lying if I don't tell anyone.

I seriously doubt I will take an civil action but I will try to make it a point that it is against the law to the owner of the company which I know rather well and see if he will remove the sentence about leaving it in the car.

Thanks All!
--Adam
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T.S.
adam500 said:
Thanks for all the post.

I was the only one that had to sign it. I did ask them if everyone was going to or if it was just me they told me everyone but we will see.

Like I said I try to be honest but I guess I am not lying if I don't tell anyone.

I seriously doubt I will take an civil action but I will try to make it a point that it is against the law to the owner of the company which I know rather well and see if he will remove the sentence about leaving it in the car.

Thanks All!
--Adam
Click to expand...
Please, do not blindly trust the owner of the company, because you think you know them well. I would put my resume out there first, secure a safety net first, so if the owner doesn't turn out to be the person you thought they were and you find yourself on the outside looking in, you will have something to fall back on, and not have to be un-employed for a long period of time.

The job market is thin out there right now, so look before you leap.

Good luck to you ...
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Steve48
adam500 said:
I seriously doubt I will take an civil action but I will try to make it a point that it is against the law to the owner of the company which I know rather well and see if he will remove the sentence about leaving it in the car.
Click to expand...
Good plan, in my opinion. As Airhead said, you can't get far in Florida trying to buck your employer. This way you may win a point.
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P
Touch situation.

What they did is illegal. If you press it you could lose your job. Tough decision to have to make.

Good luck with whatever you do and keep us informed.
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MPDC66
Time to consult a 2nd amendment friendly Attorney, IMHO.

You have been "branded" and your future has been jeopardized by this action . Next, they will probably find an "unrelated" reason to terminate you.

JMHO
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