Legality of Company's Policies

[steelmover]

A company has a no weapons policy and that includes keeping them locked in your car. It claims that they could search your vehicle at any time. There is security at this company, and of course they are unarmed.

Could they actually search a car at any time? What if you refused to open the car. The cops cant force you to without a search warrant, and how woukld they get a warrant w/o any suspicion at all of a crime?

I dont know how a company's private policy could override the constitution and state law. How do they have the right to stop me from carrying to and from work, protecting myself outside the house in the morning (not a good neighborhood) in the store afterwork etc...

Could they be held liable if something happened and I was unable to protect myself?

[glockman22]

What company is this?

[Robert Kayland]

Since it's their private property, they can do whatever they want as far as banning weapons.

And I think it'd be a long shot (no pun intended) that any civil suit would be successful against them if, to or from work, you were assaulted and didn't have a firearm due to their policy. And of course, if you were assaulted ON their property, they'd have a lion's share of liability anyway.

Maybe there have been legal precedents already set? I don't know case law, so some of the legal scholars on this site may know something off the top of their heads.

When you think about it, it is ironic that there are certain constitutional rights that are "allowed to be stepped on" and others not. An employer can demand you don't have a firearm on his property, yet he isn't always free to hire/fire the type of people he would like, based upon political or religious views.

[ChamberedRound]

A company has a no weapons policy and that includes keeping them locked in your car. It claims that they could search your vehicle at any time. There is security at this company, and of course they are unarmed.

Could they actually search a car at any time? What if you refused to open the car. The cops cant force you to without a search warrant, and how woukld they get a warrant w/o any suspicion at all of a crime?

I dont know how a company's private policy could override the constitution and state law. How do they have the right to stop me from carrying to and from work, protecting myself outside the house in the morning (not a good neighborhood) in the store afterwork etc...

Could they be held liable if something happened and I was unable to protect myself?

A business has every right to set terms insofar as weapons on their property are concerned. You don't have to accept them, because you have the freedom to choose not to set foot on their property, even if that means not taking a job there. No one is forcing the employment upon you.

If they want to be able to search your car, they would likely need to ask for your permission. This would entail either a) asking you directly if an incident required it, or b) making you sign a release form at some point.

Did you ever sign a release form, even if it was when your first started working there? If so, then they could require you to comply to a search. You can still deny, but with PA being an at-will employment state, they could just fire you on the spot anyway for just about any reason (barring race or religion, for example).

Regardless of the situation, it's highly unlikely that one could hold them liable for their "no guns" policy if one was hurt as a result of something happening on their property.

[moose]

If you want to get around the searching of your car, just don't park on their property. Don't know if that is do-able for you or not, but it could work. Sorry I can't help out with any good info!

[steelmover]

I guess my biggest question is the fact that they claim they could search my vehicle at any time?

[jahwarrior72]

A company has a no weapons policy and that includes keeping them locked in your car. It claims that they could search your vehicle at any time. There is security at this company, and of course they are unarmed.

Could they actually search a car at any time? What if you refused to open the car. The cops cant force you to without a search warrant, and how woukld they get a warrant w/o any suspicion at all of a crime?

I dont know how a company's private policy could override the constitution and state law. How do they have the right to stop me from carrying to and from work, protecting myself outside the house in the morning (not a good neighborhood) in the store afterwork etc...

Could they be held liable if something happened and I was unable to protect myself?

i think it depends on if they actually own the property the parking lot is on, or if they at least responsible for any damages incurred to your vehicle while its on company property. my last job made it quite clear that it wasn't responsible; quite a few guys had their cars vandalized or broken into, and the company refused to pay out. whn it became known that i was coming to work armed, they said that i wasn't allowed to even leave it in my van, and that they'd search it if they thought i brought it. i said that if they did, i'd sue them; they weren't responsible for my safety or my property, so they had no right to search me or my vehicle. they left it alone after that.

[steelmover]

These policies drive me nuts. A few weeks back a citizen defended himself with his gun in the parking lot of walmart in East Stroudsburg. He was fired upon and he returned fire. The area up here is constantly deteriorating. Because of perception for the sheeple of this company, a no firearms policy and fake security guards are in place. People FEEL safe but they are not REALLY safe. And because of these ridiculous policies I cannot fully defend myself before and after work.

[Dredly]

I doubt they would search your car without your permission. if something is in clear view they would most likely call you and say either open your car and let us search or you are fired.

Its probably in the employee handbook

[1861]

most places like that you have to sign paper work when employed , part of this is agreeing to search as terms of employment . thus they have your permission . if you then refuse , it terminates your employment