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Old 04-03-2008, 08:43 AM
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Default Employment and right carry discussion in Volokh Conspiracy

Interesting discussion in Volokh Conspiracy on employment and right to carry.

The Volokh Conspiracy - Firing Employee for Lawfully Carrying a Gun When on Company Business:
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Old 04-03-2008, 09:08 AM
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Interesting discussion in Volokh Conspiracy on employment and right to carry.

The Volokh Conspiracy - Firing Employee for Lawfully Carrying a Gun When on Company Business:
This is silly. First off, the company made a mistake if they told him they were firing him for CCW at work. All they had to say was you're fired. That's it. That's the beauty of At-Will employment. You don't need to give a reason.

Adn second, this guy broke rule number one of CCW. They found out.

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Old 04-03-2008, 10:27 AM
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Interesting read.
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Old 04-03-2008, 10:36 AM
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This is silly. First off, the company made a mistake if they told him they were firing him for CCW at work. All they had to say was you're fired. That's it. That's the beauty of At-Will employment. You don't need to give a reason.

Adn second, this guy broke rule number one of CCW. They found out.

Just a note about employment, you may be "At will", but that doesn't give the employer the ability to fire somebody with impunity. Unless you document the reasons for termination, and those reasons are supported by written company policy or laws/regulations, you open yourself up to a wrongful termination suit. As an employer, we hate those because you never know, regardless of how correct your decision was, what a jury is likely to do. So what happens is your insurance company forces you to settle, then raises your rates.
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Old 04-03-2008, 02:56 PM
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The company I work for also does not have a written policy on weapons at work. In fact, they sponsored a "Women's Safety" class for the women here wherein they were able to purchase pepper spray among other things.
Some of them continue to carry the pepper spray at work.
Further, most of the field guys carry knives.

Although I don't carry at work (gun in lockbox in car), if I ever did and was made (unlikely) and was disciplined or terminated, I'd have a pretty good case, I think for disparity of treatment.
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Old 04-03-2008, 03:06 PM
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I would agree, no written policy, a standard of encouraging self defense; if they fired you, fight it. In reality, I would expect them to create a written policy and then notify you. Ask you to sign a statement that you understand the new policy and then see if you ever do it again. Then fire you.
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Old 04-03-2008, 03:10 PM
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And then there are those employers that have a written policy that they can cancel your employer provided medical insurance if you own or use guns...
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Old 04-03-2008, 05:40 PM
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And then there are those employers that have a written policy that they can cancel your employer provided medical insurance if you own or use guns...

Can you name them?
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