If you have a particular encounter with another citizen or LEO, post it here.
 #37093  by Delta2Echo
 
As some of you may already know, as of last Thursday, I was terminated from my position at my employer for having a weapon on company property. I just thought I'd post my 'additional information' on the form for my unemployment benefits. As of right now, this is not a legal matter as I don't have the funds to pursue this, nor my incident with MPD via a court battle. The responses are as follows:

2.What was the reason the employer gave for your termination? Please give specific dates and the names of any persons involved
I was interviewed by HR rep _________ on Wed August 18th of 2010. She was accompanied by Head of ______ Security, however I do not recall his name.

Do you agree with the reason for separation provided by the employer, and if not, why?
No, i do not agree with the decision. I lawfully carry a firearm for personal protection given the recent jump in violent crimes, as well as the fact that I worked until 12 AM and had a 30 minute drive home from work that sometimes requires that I stop on the way.

4.What changes did you make, after being warned, to correct the problem?
I was unable to make any changes as there was no warning, only termination.

5.According to your employer, how did your actions or behavior create a prolem for the business (i.e. other employees had to cover my shift, store was not open as scheduled, etc.)?
I "violated our [their] Workplace Violence Prevention policy."

6.Additional information
My firearm was secured in my vehicle, in the glove box, seperated from the magazine before i enter the parking lot. The magazine is stored in the trunk. All of this is in accordance with DE State Law. In addition, the ______ policy states that weapons of any kind are not allowed on company property. __________________ Dr is owned by an investment firm based in Houston, TX. The parking lot is a shared lot with _______. To my knowledge, there are no clear posted signs identifying where my vehicle was parked was a ______ parking lot. The firearm was never loaded, nor in my hands or holster while in the parking lot or on _______ Dr. When asked why (after stating 'policy is policy and there are not weapons tolerated at all) the maintenance men are able to carry folding pocket knives on site without issue, I was told that a pocket knife is a tool, not a weapon. In addition, the employee handbook's definition of violence is as follows: "...physically harming another, shoving, pushing, harrassing, intimidating, coercing, brandishing weaspons, and threatening or talking of engaging in those activities." This leads me to believe that I am being discriminated against for practicing my second amendment right as well as my right to protect myself. This opinion is based on the fact that I did not threaten, brandish, or do anything else listed under their definition of violence. Couple this with the fact that they allow others to carry folding pocket knives which are by definition a weapon not only in the parking lot, but while in the building; I'm left with the thought that I was targeted merely for lawfully protecting myself. _______ has made clear with their actions that anyone who lawfully carries a firearm is going to go on a shooting rampage. This is nothing more than stereotyping and discrimination.

End

Now, of course, these are my interpretations...I'm sure I'm wrong on multiple counts as far as legality goes...but I'm not a lawyer so I can only interpret policy and laws through my own opinion...
 #37107  by GatorDude
 
Let me break it down this way: While an employer can terminate any employee for any reason or no reason at all provided the reason is not an illegal reason, the issue in unemployment is whether you were terminated for "cause." For cause means that you violated a rule of your employer in many instances. You should limit your discussions to ONLY the fact that you DID NOT violate any rule or policy and that any claim otherwise distorts or misapplies the policy.

You need to lay off any discussion on Second Amendment rights or protecting yourself. Stick to the policies and that you did not violate them.
 #37112  by myopicvisionary
 
I forget, how did they find out about the weapon?
 #37114  by George
 
he left his empty holster on his belt under his shirt and someone reported him
 #37115  by Jeepflexin
 
Sorry for your troubles, can't imagine though you have a legal leg to stand on. Sounds like you got terminated for wearing a holster. Which although a crappy reason is a better reason then they (a business) are required to have.

Did you admit to having a firearm in the vehicle? or did they just fire you for wearing a holster? at this point it matters not but I am curious. Further curiosity has me wonder why would you wear an empty holster to work? Not picking on ya just curious. I usually disarm when I get to work, including removing my holster, never occurred to me to wear the holster for the day empty.
 #37118  by Delta2Echo
 
GatorDude wrote:Let me break it down this way: While an employer can terminate any employee for any reason or no reason at all provided the reason is not an illegal reason, the issue in unemployment is whether you were terminated for "cause." For cause means that you violated a rule of your employer in many instances. You should limit your discussions to ONLY the fact that you DID NOT violate any rule or policy and that any claim otherwise distorts or misapplies the policy.

You need to lay off any discussion on Second Amendment rights or protecting yourself. Stick to the policies and that you did not violate them.
Thanks, Gator. That's why I posted it on here, I tend to get carried away sometimes and I figured you guys would give me good advice. Do you think cutting off after the quote of the definition of privacy on question 6, as well as editing question 2 b would be sufficient? Or should I go further?

Jeepflexin wrote:Sorry for your troubles, can't imagine though you have a legal leg to stand on. Sounds like you got terminated for wearing a holster. Which although a crappy reason is a better reason then they (a business) are required to have.

Did you admit to having a firearm in the vehicle? or did they just fire you for wearing a holster? at this point it matters not but I am curious. Further curiosity has me wonder why would you wear an empty holster to work? Not picking on ya just curious. I usually disarm when I get to work, including removing my holster, never occurred to me to wear the holster for the day empty.

I'm more concerned with them denying my unemployment than actually filing a lawsuit, that would be toward MPD. My thought process on the holster is that I would draw more attention to myself fighting with taking my belt off to get my holster off than I would draw with it under my shirt. Was I right? Obviously not. Someone happened to see me when I was doing committee work hanging decorations. I had my hands over my head which in turn raised my shirt just enough or someone to catch a peek.

As far as the firearm goes, yes, I admitted having it. I made the mistake of doing what was morally right and I didn't lie. I have shit luck and I just thought if I lied about it I would dig a deeper hole. Hindsight is 20/20, I was a total fucking idiot, and now myself and my son are paying the price. I lost my job and income, insurance for myself and my son, and my girlfriend of 7 years broke up with me. I'm just lucky that I don't have a custody battle to look forward to, wee both agreed on joint custody. I wasn't happy with the job, and I did want out...just not like this.

Sorry if this is TMI. I'm just frustrated and venting. Thanks again for the input, guys. It's greatly appreciated.
 #37122  by GatorDude
 
No such thing as privacy. No such thing as rights. Stick to the no violation of the policy as the parking area was not owned or controlled by your employer and, as a backup, that they never informed anyone that the parking area was viewed by them or anyone else as theirs. This is about violation of your employer's policy and nothing more. Don't try to make it about anything more either. You will get slapped down.
 #37123  by Jason
 
Damn that really sucks,, man..

Here is what I found.
http://en.wikipedia.org/wiki/At-will_employment
Thirty-seven U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment.[13] Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists."[13] Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract.

37 US states have an implied-contract exception, thus 13 do not. Those 13 states are:

* Delaware
* Florida
* Georgia
* Indiana
* Louisiana
* Massachusetts
* Missouri
* Montana
* North Carolina
* Pennsylvania
* Rhode Island
* Texas
* Virginia
 #37148  by dave_in_delaware
 
Dang dude, I'm sorry to hear that they let you go over such a petty issue. Granted, you weren't happy with the job, but being let go still sucks. As far as your woman goes, I'm sorry she didn't stick with you when you needed her support. Being able to protect ourselves in this State is a great right, and I wish she could have seen it as you trying to protect your family AND making a stand for something you believe in. And don't feel bad about telling the truth and it biting you in the butt. I've done the same thing in the past and it's bitten me, but it was way more honorable than lying.

Kudos to you, my friend. Keep your head up. You did the right thing.

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