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Thread: Carrying off the clock at my work?

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    Regular Member punisherprice's Avatar
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    Carrying off the clock at my work?

    i work at a department store in town and before I worked there, I OC'd all day at that location with ZERO complaints, ive been so many times I was surprised they hired me and didnt recognize me. My family does a lot of shopping there, so they send me to pick up some stuff for dinner at least twice a week. Is there any law that prohibits me from carrying there? Im afraid to ask my manager because Im somewhat new there, and I need this job.....to buy more guns and ammo . Also, would firing me (if it happened) be considered discrimination? I have yet to see an employee firearm policy for the store but I cannot find one in my handbook....
    "Si vis pacem parabellum" - If you want peace, Prepare for war.

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    Regular Member Nevada carrier's Avatar
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    The unfortunate thing is that our justice system is reactionary. You have to get fired, then sue, resist any settlement offers and risk getting nothing if you loose to have a chance of a judge making a ruling in your favor to establish case law. Then you would have to go through the appeals process if, win or loose. if you loose, you have to appeal, if you win they will appeal. This process takes so long and costs so much that our system of justice only grants us the rights we can afford to persue, not the rights we are born with.
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    Can you be fired?

    IANAL and what appears below is just my opinion.

    Gun owners and those that carry them are not a protected class under anti-discrimination laws and this is an "At Will" employment state. Your employer does not have to have a reason to fire you. All they need is the magic words, "YOUR FIRED."

    Yes you can be fired.

    Ken

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    No law would prohibit you from carrying just because you are an employee. But no law would prohibit them from firing you, either.

    I used to open carry at the place where I got my last job before I worked there, including the back offices, because I had relatives that worked there and I visited them sometimes.

    But when I got a job there, no more open carry.

    If you really need the job, I wouldn't do it without getting permission. If the job isn't that important anyway, it is true that it is probably easier to ask for forgiveness later than to get permission up front and you might not run into an issue. But you might not get forgiveness, either.
    Last edited by Felid`Maximus; 03-06-2013 at 12:55 PM.

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    If you are going to carry on private property, you should know what their policy is. The logical person to ask is the manager.

    If you're NOT going to carry there, let sleeping dogs lie.

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    Regular Member WalkingWolf's Avatar
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    Unless you work for the government, you are subject to their rules of employment as long as they do not violate your basic employment rights. Right to carry on their property is not one of them. They can fire you for just about anything.

    If it was me, and I am responsible only for myself, I would get permission for carry in my home store while off. If they do not, then shop somewhere else while carrying. It would be there loss of your business. You cannot be fired by a company that you do not work for.

    Reminds me of when I was a teenager working part time for a grocery chain. Manager told me I could be fired for shopping or seen in a competing store. I handed him my apron, told him to bugger off, and promptly went to the competitor for a job. Since it was the early 70's it was easy to get a job though, not so today for most people.
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    My advice would be to talk to your stores highest management level. Most bosses usually have an open door policy, I'd check if that's the case and if not, just request to speak to the person in charge, then discuss your fears and such. Most people, unless their anti-position will usually be very nice and explain how they feel things should be. Just make sure to choose your words and be as polite about it as possible. Most likely a few know you carry or at least realized it by now. In your very situation, I'd just keep carrying there after work, but just don't carry while on shift. Some places have even allowed their employees to carry open while on duty, so you might be able to carry if you talk to your boss, rather than being fired. Never fear asking your bosses a serious question like that, granted gun owners aren't a protected class from discrimination; however, I have never seen or heard of a case of a firearm owner being fired from a job for being a gun owner.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by CowboyKen View Post
    IANAL and what appears below is just my opinion.

    Gun owners and those that carry them are not a protected class under anti-discrimination laws and this is an "At Will" employment state. Your employer does not have to have a reason to fire you. All they need is the magic words, "YOUR FIRED."

    Yes you can be fired.

    Ken
    Ken nailed it.

    Conceal well if there is any potential for a problem. You break no laws if you carry against policy, but if there is a signed contract involved, there may be civil liability to that extent.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member punisherprice's Avatar
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    Quote Originally Posted by MAC702 View Post
    Ken nailed it.

    Conceal well if there is any potential for a problem. You break no laws if you carry against policy, but if there is a signed contract involved, there may be civil liability to that extent.
    Im not 21....i get kicked in the groin again for not being 21, especially in Vegas
    "Si vis pacem parabellum" - If you want peace, Prepare for war.

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    Regular Member punisherprice's Avatar
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    Good news! I talked to my store manager and he said that Walmart does follow ANY state law and that I would be allowed to carry off the clock as a customer or to visit coworkers. He even looked up corporate policies on employees with firearms and confirmed that it was ok. He also said that if i were to keep the firearm in my car that i should park in a different property just to stay within the policies. (which is like 40 feet away from the store). He was very understanding of the 2nd amendment. I can also say that you will not have a problem shopping at the Walmart neighborhood market on west cheyenne and the 215 while OCing.
    "Si vis pacem parabellum" - If you want peace, Prepare for war.

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    If you had said that it was Wally World, we could have told you that. Some of us quit Costco after they got Erik Scott killed a couple of years ago, finding out that Sam's Club also honors state law.

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    Regular Member punisherprice's Avatar
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    Quote Originally Posted by DVC View Post
    If you had said that it was Wally World, we could have told you that. Some of us quit Costco after they got Erik Scott killed a couple of years ago, finding out that Sam's Club also honors state law.
    good bunch of people where I work. My manager was a Corpsman in the navy and was trained with a marine unit, so we talked guns for about an hour in his office haha. and easy on the erik scott stuff, not everyone believes he was gunned down just for shopping at his local store...i think theres another post on here in the Nevada forum about it if you can try and use the impossible search feature lol.
    "Si vis pacem parabellum" - If you want peace, Prepare for war.

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    Quote Originally Posted by punisherprice View Post
    Good news! I talked to my store manager and he said that Walmart does follow ANY state law and that I would be allowed to carry off the clock as a customer or to visit coworkers. He even looked up corporate policies on employees with firearms and confirmed that it was ok. He also said that if i were to keep the firearm in my car that i should park in a different property just to stay within the policies. (which is like 40 feet away from the store). He was very understanding of the 2nd amendment. I can also say that you will not have a problem shopping at the Walmart neighborhood market on west cheyenne and the 215 while OCing.
    That reminds me, one night at about 1230 AM I visited a walmart and there was an OC'er talking to the check-out lady. He also worked at the Walmart, but was in customer mode rather than employee mode.
    Last edited by Felid`Maximus; 03-11-2013 at 11:40 PM.

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    Regular Member punisherprice's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    That reminds me, one night at about 1230 AM I visited a walmart and there was an OC'er talking to the check-out lady. He also worked at the Walmart, but was in customer mode rather than employee mode.
    which location??
    "Si vis pacem parabellum" - If you want peace, Prepare for war.

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    That reminds me, one night at about 1230 AM I visited a walmart and there was an OC'er talking to the check-out lady. He also worked at the Walmart, but was in customer mode rather than employee mode.
    Ya which one? Cause I live in Reno and go to Wal-mart, and Whole Foods a lot!
    http://washoecountygunrights.blogspot.com/

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    The Walmart near Lemmon Drive in Reno.
    Last edited by Felid`Maximus; 03-12-2013 at 10:47 AM.

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    Quote Originally Posted by john-in-reno View Post
    I live in Reno and go to Wal-mart, and Whole Foods a lot!
    I OC at Whole Foods, get down there about once a week or so. Generally what I'll do is get organic chocolate milk, then chicken nuggets and chili at Wendy's.

    Nobody working there has ever even seemed to notice the pistol.

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    The Walmart near Lemmon Drive in Reno.
    Ok I didn't even know there was one up by lemmon valley

    Quote Originally Posted by DVC View Post
    I OC at Whole Foods, get down there about once a week or so. Generally what I'll do is get organic chocolate milk, then chicken nuggets and chili at Wendy's.

    Nobody working there has ever even seemed to notice the pistol.
    I have never had a problem and have been thanked for doing what I do, I carry at about the 1 to 2 o'clock position due to my shoulder so I know they see it but never a bad word about it
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

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    Quote Originally Posted by john-in-reno View Post
    I have never had a problem and have been thanked for doing what I do, I carry at about the 1 to 2 o'clock position due to my shoulder so I know they see it but never a bad word about it
    I carry are the standard 4 o'clock, but it's a full-sized Witness Match, and you've pretty much have to be blind not to see it.

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