Fired from work for having gun in my locked car

[jmoores&w]

hello,
I wanted to see if someone knew of any pro gun lawyers around york county. The reason I ask is because I got fired from my job for having my gun in my car. Even though my gun was legal and I had a licence to carry and my car was locked they still fired me for it. To me this is a obvious infringment on my second amendement right and I have a obligation to sue them. What does everyone else think?

[Travis Bickle]

How did your employer even know it was there? Was it sitting on the dashboard?

[wewo]

unless you work for the government you are SOL. The constitution prevents infringement on a person's rights by the government, including Federal, State, City. I am not a PA attorney so perhaps there is some state law that protects you, either regarding guns or regarding employment or privacy in the workplace. But my guess is, if they have rules prohibiting guns on their property and you parked in their lot with your gun in the car, well ... . If it is a job you wanted to keep you may want to see an employment law atty., of course it will cost you $$$.

[LorDiego01]

I'd forget about it and say "good riddance".

...and I have a obligation to sue them...

with a world like "obligation" it sounds like you are after a cash settlement rather than upholding your rights.

[TonyF]

Sorry to hear about that.

You have 2A rights but your employer has private property rights. An employer or private sector business can impose any policy they so choose. In fact, you could post a sgn in your front yard prohibiting people from carrying weapons onto your property.

You will not be able to to sue them. This is so cut and dried I doubt any attorney will even take the case. It will be dismissed by the first judge who hears the complaint.

My employer rents the parking lot where I work and the same workplace policies in force on employer property applies to that parking lot also.

[dgg9]

How did your employer even know it was there? Was it sitting on the dashboard?

That would be my question. By what possible means can they see inside your trunk?

[dmg1969]

Travis already asked the first question which came to my mind. How did your employer know it was in your car? There's got to be more to the story. Regardless...if your employer has a no-gun policy, I believe they have the right to terminate you. That being said...I would request to see a copy of the policy prohibiting weapons on company grounds. If they terminated you on those grounds...they would have to prove that you were aware of the policy. It may be in their employee handbook or in some paperwork you signed upon your hiring.

I work for a law firm in Harrisburg (I will not divulge which one) and, while we do not handle employment matters, we do handle workers' compensation. I am NOT an attorney, but I always hear people call in asking about suing their employer. PA is an at-will state, which means that your employer can fire you for any reason which does not discriminate against you.

Dave

[DrakinClaw]

By what possible means can they see inside your trunk?

keeping your gun locked up in your car, even if it is allowed, is not a good idea. A person who carries, is responsable 24/7 for their firearm. If you leave it in your car, and it is not within reaching distance. what if the car gets stolen?what if it is then used in a crime? To me that alone is to big of a risk, if it is not on you, it should be locked in a safe, but there are always exceptions
I think someone on this forum not to long ago had his gun stolen from his car in philly, and he was very shocked to how easily someone took it.
Drak

[dgg9]

keeping your gun locked up in your car, even if it is allowed, is not a good idea. A person who carries, is responsable 24/7 for their firearm. If you leave it in your car, and it is not within reaching distance.

The problem here is that the ideal solution is off the table. Sure, in a perfect world, we'd carry 24/7, even in our workplace.

Well gess what -- NFW in most workplaces. You'd be fired on the spot.

So what does that leave us? Well, we could pursue the solution that best safeguards our gun, which is: leave it locked up in the safe at home. Except that solution does not best safeguard the owner. Locking your gun in your trunk at work is not ideal, but if you have a long commute and your car breaks down en route after hours, you may find being helpless at that time far less ideal.

The trouble with these all of nothing edicts is they don't allow what's possible. Sure, a gun in the trunk is not within reaching distance. But a gun in my safe 25 miles away is a lot further away from reaching distance.

[danp]

The problem here is that the ideal solution is off the table. Sure, in a perfect world, we'd carry 24/7, even in our workplace.

I agree and disagree, in a perfect world everyone would happily allow carry, but the law would protect private property owners who decided they wanted to ban it on their property for whatever hairbrained reasons they can come up with.

Each man being the king of his castle is paramount to our law and way of life.