Employer property ban

[Adam-12]

As far as a search taking place, the Expectation of Privacy is what could come in to play. Same with your desk, etc. What areas of your work evironment provide you with an expectation of privacy. I would think you car is one of those.

No. The company is not dictating what you can have in your car. They are dictating which cars are allowed in their parking lot. They can say no motorcycles, or no hybrids, or no full-size cars, or no pickups, or no cars with bike racks, or no cars with guns.

Just as they're not telling you whether you can or can't carry; they're only saying that persons with guns are not allowed inside their building.

They are completely within their rights here. The solution is to park somewhere else. If you knowingly break their rule, you are a defiant trespasser and can be evicted--and, since this is an "at will employment" state, you can be fired.

[tabasco_joe]

As far as a search taking place, the Expectation of Privacy is what could come in to play. Same with your desk, etc. What areas of your work evironment provide you with an expectation of privacy. I would think you car is one of those.

I'm not aware of any exception of privacy relating to desks, offices, or company computers. IN our facility private bags and briefcases are subject to search. I have over the years had employees that were suspected to be involved in activities that were either illegal or a severe violation of company policies. As the manager I had the authority to conduct searches. We did have policies regarding such activity that was generally designed to provide additional witnesses and assure that there was not harassment or evidence planting on the part of the manager. But searches were done with no warning to the employee. All were done without the employee knowing about it.


Any issues related to autos parked on the company lot would strictly be handled by the security department with minimal management involvement other than the initial reporting.

[Ewussor]

I manage a family business with roughly 100 employees and created our firearm policy after consultation with our attorneys and insurance carriers. Though I am very pro gun and personally would have absolutely no issue with our employees legally carrying firearms in their vehicles, I had to prohibit the practice for liability reasons. [...]

What you're doing is allowing fear of financial liability to override all other considerations. What happens if a disgruntled employee decides to go postal? He isn't going to comply with your policy. Now you're morally (if not financially) liable for anyone who is injured or killed because your policy prevented them from defending themselves. Will you be able to live with yourself if that happens?

[LBaker]

Legislation that would provide a solution. http://www.legis.state.pa.us/cfdocs/...cosponId=11085

[Ewussor]

Legislation that would provide a solution. http://www.legis.state.pa.us/cfdocs/...cosponId=11085

Further, the bill would prohibit employers from conditioning employment on a person possessing a license to carry a concealed firearm.

Really? So a local LGS can't make an LTCF a condition of employment? Fail.

[mosseater]

What you're doing is allowing fear of financial liability to override all other considerations. What happens if a disgruntled employee decides to go postal? He isn't going to comply with your policy. Now you're morally (if not financially) liable for anyone who is injured or killed because your policy prevented them from defending themselves. Will you be able to live with yourself if that happens?

This what I was thinking as well. If you look at it this way, you're damned if you do, damned if you don't. Might as well look at it from a statistical standpoint. I don't have the statistics, but if I had to guess, since violence in the workplace is pretty prevalent, attacks with guns would probably have higher numbers than negligent discharges. 'Course, with fewer guns in the workplace already, that number might be diffferent if employers allowed guns on premises. The question has come up at our plant more than once, because of incidences that inferred gun threats, and I've made it clear that since they choose to disarm me, they better be prepared to pay in court if I'm ever killed or injured while at work. It's clear they have given it zero thought by their reaction.

Maybe Gunlawyer will weigh in if he hasn't already, but I fail to see how they can legally search my car without my consent, on their lot or not. Any LEO they called to perform the deed would, I hope, need probable cause to legally search and if he did, I'm in violation of no laws, only company policy, which we all agree they can fire me for if they so choose. Soooo....gun? What gun?

I don't consent to searches. Any time. Ever.

[Grey Bearded One]

. . . since violence in the workplace is pretty prevalent, . . .

Prevalent? I'd be willing to bet a cookie that 99% of Americans have never seen any more workplace violence than shoving to get in line at the cafeteria.

[SauerGrapes]

A friend of mine works for a drug company on Dupont property. Same rules and must consent to search. Funny part is, they can look in the car but can't touch or move anything in the vehicle. There must be reason this is as far as they can go.
Privacy rights? Illegal seach?

[schr8er2000]

A friend of mine works for a drug company on Dupont property. Same rules and must consent to search. Funny part is, they can look in the car but can't touch or move anything in the vehicle. There must be reason this is as far as they can go.
Privacy rights? Illegal seach?

This comes under the "in plain view" situation that most police officers can use. If they can SEE it then something can be done, but otherwise a search warrant must be enacted. In doing so they must provide evidence of probable cause for the search.

Again, I am sure GUNLAWYER can enhance or contradict my understanding.

[jeep]

I started a new job Saturday after being off work since Sept. Finally got a employee handbook today the section relateing to firearms say "No firearms may be brought into the workplace.

I take the "into the workplace" to mean into the building and since I dont work outside in the parking lot I dont consider the workplace the parking lot