Employee parking and firearms in car.

[washie]

1st post, I know this has been addressed before on here but I have not seen the identical circumstances debated. My employer has a no weapons policy. However the parking lot where we are suppose to park is open to the public for pay to park. We are allowed to park in that area. While reading Suzanna Hupp's book "from Luby's to the legislature" it brought up a few questions. Is my employer allowed to search my car while it is on their lot which is open to the public? We are allowed to park for free. I don't know if that makes a difference. I am wondering if this is just pointed at their employees would in not be discrimination? Yours Truly, Washie

[CHEMICAL]

If it's open to the public I would think it doesn't matter. In my opinion, and only my opinion, my car is my private property and what I have within my private property is my business...and since an employer is not responsible for any damage to your vehicle in "their" lot, since your vehicle is "your property"... they can pound sand...IN MY OPINION.

I hate this "cake and eat it too" mentality from employers. Basically, if you bring it, don't tell ANYONE. if the need arises to use it at least you'll have your life...you can find another job. Would you be able to sue the employer if you were attacked in "their" lot and weren't able to defend yourself?...doubt it.

Oh, and welcome to the forum.

[jcabin]

Is the parking lot owned by your employer, or is it a pay-for-parking lot, owned by another business?

[QuackXP]

This is my best effort based on what I have learned so far.

Private property owners cab basically do whatever they want as far as weather they let you on the property. They can document any policy and enforce it anyway they want. If you are discovered or suspected to have a gun they can ask you to leave also because this is your place of work they can fire you.

Now to searches. If I remember this correctly a private property owner may require you to be searched before you enter the property. However beyond that they cannot search you again, the best they can do is ask you to leave and in the case of the workplace fire you.

I really don't think the fact that other people can pay to park there makes any difference its still private property. You might have had a better leg to sand on against the no weapons on company property if they parking property was owned by a third party and your company leased spaces for its employees.

I however don't have the references to back this up right off the top of my head.

[washie]

The parking lot is owned by my employer but open to the public to park there also. We park for free. Others must pay

[knight0334]

The parking lot is owned by my employer but open to the public to park there also. We park for free. Others must pay

Its still private property. If searches may be conducted for firearms, you must comply as a term of employment. If you dont allow them in your vehicle you can be terminated. Weapons on their property also extends to nonemployees if they have a no weapons policy for on their lands. ...its just more difficult to nail a nonemployee who is allowed to park there whom which they dont know.

[Statkowski]

Do what you want, and DON'T TELL YOUR BOSS!

[tlgpa]

They can't just break into your car and search it, even if it's on their property. But they can ask you to search your car. If you refuse, they can fire you.
Even without a formal policy, they can pretty much make up whatever rule they want, whenever they want. If you don't comply, they can fire you. In PA, unless you have a contract, you are an At-will employee and may be terminated for any reason, so long as it's not illegal.

[QuackXP]

Do what you want, and DON'T TELL YOUR BOSS!

But when you or one of your buddy co-workers slips up and you get fired don't blame advice you got from the internet.

I also remembered where I found the info about searches on private property. It was mostly relating to stadiums, clubs, etc.

http://www.youtube.com/watch?v=_Mk68...layer_embedded

[shadowcat187]

They can't just break into your car and search it, even if it's on their property. But they can ask you to search your car. If you refuse, they can fire you.
Even without a formal policy, they can pretty much make up whatever rule they want, whenever they want. If you don't comply, they can fire you. In PA, unless you have a contract, you are an At-will employee and may be terminated for any reason, so long as it's not illegal.

^^^^^

my work is the same way. they suspected a former emplyee of having a gun in his car on property. he wouldnt let them search it. they fired him.

until HB 2049 gets passed employers can fire you for violating their no firearms policy if you have a gun in your car. Hopefully hb 2049 passes and then they cannot fire you for having the gun....hopwever as stated pa is an at will employment state so they can get rid of you for anything they want to.

my advice.......Say nothing to anyone.....just my .02