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-   -   Tampa woman sues employer over gun rules (http://www.firearmstalk.com/forums/f97/tampa-woman-sues-employer-over-gun-rules-104379/)

Doc3402 02-24-2014 12:32 PM

Tampa woman sues employer over gun rules
 
A quick summary. This woman was a branch manager at a bank. She took her gun to work. She got fired because policy states she can't take her gun to work. She's suing.

LINK

This happened in Florida, like we really need more of this crap floating around. Anyway, in Florida it is illegal for an employer to ask employees or customers if they have a firearm in their car unless it is one of the commonly banned industries that you all should know. This really doesn't apply, but it would have provided a legal, if less effective, alternative to what she did.

So, what do you think? From a present day legal standpoint, does she have a case? Did she deserve to be fired?

Rick1967 02-24-2014 12:41 PM

I have the same rule where I work. I can not carry. I wish I could afford to quit and get a job in the firearms industry. But I make a lot of money. And my expenses have come up to meet my income. I have two car payments and a mortgage. My boss owns the business. He has the right to fire me if I choose not to obey the rules. Therefore I do not carry at work. The bank teller had the same choices I do. It is not my property. The owner has asked me not to carry. Therefore I do not carry.

c3shooter 02-24-2014 12:52 PM

Have to agree with Rick. MY car, MY choice. YOUR business, YOUR choice.

Doc3402 02-24-2014 01:11 PM

Before this thread climbs into the hand-basket for that trip to you-know-where, I also agree with the employer's right to do what they did. Whether this woman knew the policy or not is immaterial. She should have known it, and if she really wanted that job, she should have followed it. Life is full of choices. She made hers and it bit her.

I do have a question, and if anybody runs across the answer, please post it. Did this woman have a carry permit? I know it's early in the reporting process, but nobody has mentioned one yet.

mseric 02-24-2014 01:12 PM

I'm actually surprised she found an Ambulance chaser to take her case. Maybe more to it then the News article states.

This has been court tested many times before. The end result is always the same. The employer can fire you for disobeying company policy. She is toast.

Parking lost and vehicles, different story, inside the building, not so much.

JTJ 02-24-2014 01:27 PM

The solution for this is simple. Pass a law stating: If an entity, be it business or government facility forbids firearms (Means of self protection) on the premises that entity should be held accountable for the protection of the people legally on its premises and should be held liable for damages incurred. Once they get sued for major damages a few times the insurance companies will get on board and attitudes will change. Unfortunately Libertards dont understand simple.

alsaqr 02-24-2014 02:47 PM

i have mixed emotions on this one. OK has a law, tested in federal courts, that allows employees to have guns in vehicles parked in the company lot. This came about after the new manager of the Weyerhaeuser plant in SE OK went on a witch hunt and asked the local cops to search vehicles in the company parking lot. Several employes were fired because they had guns in their vehicles.

The OK legislature passed a law that allowed employees to leave their guns in their vehicles in the company lot. Some other companies joined the lawsuit and the law was overturned. The OK legislature re-did the law only to have it appealed on OSHA grounds. Some of those companies dropped out of this appeal because of threated of boycott of their products. The federal court said OSHA did not apply and that was that.

Overkill0084 02-24-2014 04:04 PM

Quote:

So, what do you think? From a present day legal standpoint, does she have a case? Did she deserve to be fired?
I don't believe she has a case. Her employer has every right to say what is & isn't permissible on their property (within limits of course.) Whether I agree isn't really relevant.
Whether she deserved to be fired is situation dependent. If she didn't have a history of problems and was willing to comply with the policy, I probably wouldn't have fired her. However, since it's now a lawsuit, I suspect that she probably expressed her opinion and future intent to not comply.

rjd3282 02-24-2014 05:20 PM

How did they know she had a gun? Why didn't she just keep it in her purse and not tell anybody? It's one thing to violate a rule, it's just stupid to get caught. I don't blame her for carrying but she should have kept it to herself.

JW357 02-24-2014 05:21 PM

Quote:

Originally Posted by Overkill0084 (Post 1514845)
However, since it's now a lawsuit, I suspect that she probably expressed her opinion and future intent to not comply.

That's basically what I was wondering. Was this the first time this happened or was she told to not have her gun on her (specifically) previously?

Legally I suppose it doesn't matter. I'm just curious as to the disposition of the employer. Did he give her multiple chances or was this the first offense?

No I haven't read through the link. No time right now. I will after work.


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