Workplace Parking Lot Restriction

[CTS]

This may be mostly academic but I ran across an employee handbook today that stated an employee could possess a firearm and ammunition in their vehicle at work but that the firearm and ammunition had to be separated.

The law on this subject doesn't seem to mention the manner of storage outside of making sure it isn't in plain sight. Could the employer terminate someone without being subject to the civil ramifications of the law if someone were discovered to have a loaded firearm in their vehicle?

 

[Robert Richardson]

Don't ask, don't tell?

 

[gregkl]

I'm no lawyer but in Indiana can't you be fired for any, or no reason at all? Sure you can sue for wrongful termination but is it worth the hassle?

At my employ, according to company policy we are not allowed to have a gun in the parking lot at all. And since I have a company car, they can search it any time without a warrant. Basically they are denying me the ability to protect myself. When I travel for business, according to company policy I cannot take a gun with me.

Makes me feel all warm and safe traveling in Detroit, Louisville, and many other cities staying in motel rooms with one way in and out not having a means to protect myself.

 

[Libertarian01]

Here is a link to the actual law: https://www.lawserver.com/law/state/indiana/in-code/indiana_code_34-28-7-2

While there are types of employment that are exempt from the law, such as a daycare facility, the employer can't say squat about how or where the gun is stored. The only burden on you as the employee is that it MUST remain out of sight.

The law prohibits an employer from taking any action that "...has the effect of prohibiting; an employee...from possessing a firearm...stored out of plain sight...of the employees locked vehicle..."

In other words, Indiana actually has a law that protects an employee from being terminated for this reason.

According to this article https://www.laborlawcenter.com/education-center/indiana-take-your-gun-to-work-law/ an employee may be able receive damages, attorneys fees, and maybe damages.

Of course an employer can terminate an employee in violation of the law at any time and the burden is on the employee to fight the wrongful termination. Although Indiana is an "at will" state this in no way undercuts a host of protections against wrongful termination from the federal level including but not limited to: NLRA, Title VII of the CRA, Age Discrimination in Employment Act of 1967, ADA of 1990, CRA of 1991, Executive Order 11246, etc.

Regards,

Doug

 

[gregkl]

^^^ I thought that was the case as far as the law. Too bad for me it does not reach across to company owned cars.

 

[HoughMade]

Does a company policy that says that guns cannot be loaded have: "the effect of prohibiting; an employee of the person,...from possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle, kept in the glove compartment of the employee’s locked vehicle, or stored out of plain sight in the employee’s locked vehicle."?

The law doesn't state that any gun or ammunition stored as specified is off limits to the employer. It says that the employer cannot have a rule that prohibits an employee from possession a firearm or ammunition. Would a rule that prohibits a gun from being loaded prohibit the employee from possessing a firearm or ammunition?

 

[Sigblitz]

https://www.littler.com/new-indiana...es-and-applicants-disclose-gun-possession-and

If that policy is in writing, the employees already have a claim. They are not allowed to say jack about firearms in your car.

 

[Sigblitz]

Someone needs to educate that employer on the law so they don't get sued. Feel free to message me their email and I will share the link anonymously.

 

[Sigblitz]

Employers are also forbidden from conditioning employment "or any rights, benefits, privileges, or opportunities offered by the employment" on an employee's or applicant's agreement to forgo lawfully owning, possessing, storing, transporting, or using a firearm or ammunition. Ind. Code § 34-28-8-6(2).

If the ammunition is lawfully stored in the firearm, meaning you have a carry license and can do so, the employer is not following the law.

 

[lonehoosier]

https://www.guns.com/2018/10/16/fed...ired-by-company-after-keeping-gun-in-vehicle/

Court overturned the arbitration results after Ameren went to court on the matter, a panel of the 7th U.S. Circuit said last Friday that the law was, in fact, on Knox’s side.