Results 1 to 15 of 15

Thread: Employee Fired For Having Gun…IN HIS OWN HOME

  1. #1
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Employee Fired For Having Gun…IN HIS OWN HOME

    "Under the guise of “zero tolerance”, gun hating private community Lakes of the Four Seasons (LOFS) has fired a seasonal landscaping employee of 21 years because he was a gun owner. And no, I don’t mean that he was carrying a gun while working, nor did he have a gun in his car on LOFS property.

    "Thanks to the forward thinking of the State of Indiana, not only is the LOFS actions immoral and unethical but they are also ILLEGAL.

    "It is that last part that has brought on the lawsuit by Ferlaino against the Property Owners Association. According to Ferlaino’s attorney, Marissa McDermott:

    The association violated Indiana’s “take your gun to work law,” which was amended in 2011, because it required Ferlaino to divulge information about owing a gun and fired him because he’s a gun owner.
    "Also, even if Ferlaino had brought his gun to work and left it secured in his car, the law forbids employers from punishing employees who exercise that option.


    "Not only is Ferlaino is seeking actual and punitive damages, attorney fees etc. he’s also asking a judge to order the property owners association to refrain from engaging in similar practices with regard to other employees.


    http://bulletsfirst.net/2014/10/09/c...oyee-gun-home/
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  2. #2
    Regular Member papa bear's Avatar
    Join Date
    Jul 2010
    Location
    mayberry, nc
    Posts
    2,258
    Well good luck to the man and i hope he wins big
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  3. #3
    Regular Member The Truth's Avatar
    Join Date
    Jul 2014
    Location
    Henrico
    Posts
    2,139
    I guess they didn't really think very hard before they fired the guy, eh?
    Sic semper evello mortem tyrannis.

    μολὼν λαβέ

    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  4. #4
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    I don't think he will win. Public exceptions to the at will doctrine of employee terminations have never, nowhere, included such an exception to the at-will employee rule.

    If you can recall, in CT, in the permit application and subsequent Board of Firearm Permit Examiners' (the admin agency hearing permit denial appeals/BFPE) I objected to the requirement of disclosing an applicants employer information just because that an employer CAN fire an employee just for owning guns.

    The BFPE agreed with me when I refused to place this information down on their questionnaire response (other members here have also followed my lead w/o having their appeal dismissed); however, they still claimed that I did not complete the permit form filed with police and denied the appeal solely because of an "incomplete application". So I still have work to do there ... the full board refused to accept the secretary of the board's decision on their questionnaire requirements and to apply the reasoning to the permit application itself. In fact, during my hearing they refused to accept or even acknowledge that the secretary of the board even made such a decision regarding their own questionnaire even when shown that this occurred. It made for a contentious hearing.

    Gun owners should never tell their employers that they own guns; even if current management is OK with it, management can change overnight. As a manager, I always advise people talking over lunch or just in normal conversations to insure that their discussion of guns cannot be overheard by other employees or managers as some are anti-gun and will cry about you being a gun owner. They should treat their conversations as top secret.
    Last edited by davidmcbeth; 10-12-2014 at 03:18 AM.

  5. #5
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by maria315 View Post
    Well, it's a free country. Anyone who wanted to carry and own firearms should go on in doing so for as long as it's registered and not used for illegal activities. The company has to confirm first if the employee is involved in criminal activities.

    It's essential for us to learn how we can protect ourselves from criminals especially these days when crime rate is skyrocketing. I can't afford guns and firearms. But I've invested in learning self defense techniques. I've found cool ones in Popushi the other day. I've subscribed to themat popushi.com/survival-tips. They have some really cool guides that are so easy to follow.
    The general rule of employment is this: your boss can fire you for ANY or NO reason. You can quit for any or no reason.

    Do I agree with an employer should have the ability to fire you simply because you own a gun? Nope.

    But I'm just highlighting what the law IS, not what I desire it to be.

    The employer does not have to show that you have been (or even has any question) involved in criminal activities.

    Oh, you own a gun? You're fired ! Perfectly OK in today's world.

    Don't like that? Get an employment contract signed between you and your employer (hint: employee manuals generally don't count in every state I have looked at unless their provisions are incorporated into an actual written contract).

    There are exceptions to the at-will aspect of employment (like complaining to OSHA and the like) but I have never seen a state that has this exception for gun ownership. We are free to lobby the legislature for one .. courts abhor expanding the exceptions.
    Last edited by davidmcbeth; 10-12-2014 at 06:05 AM.

  6. #6
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,150
    I am responsible for my writing, not your understanding of it.

  7. #7
    Regular Member HPmatt's Avatar
    Join Date
    Aug 2013
    Location
    Dallas
    Posts
    1,597
    Good thing the guy wasn't a muslim and they didn't ask him if he owned or had access to any sharp knives.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

  8. #8
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by maria315 View Post
    Well, it's a free country. Anyone who wanted to carry and own firearms should go on in doing so for as long as it's registered and not used for illegal activities. The company has to confirm first if the employee is involved in criminal activities.

    It's essential for us to learn how we can protect ourselves from criminals especially these days when crime rate is skyrocketing. I can't afford guns and firearms. But I've invested in learning self defense techniques. I've found cool ones in Popushi the other day. I've subscribed to themat popushi.com/survival-tips. They have some really cool guides that are so easy to follow.
    Federally, there is no firearm registration. In Indiana, where the article is about, there is no firearm registration.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  9. #9
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by wrightme View Post
    Federally, there is no firearm registration. In Indiana, where the article is about, there is no firearm registration.
    Maria's learning ...

  10. #10
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by davidmcbeth View Post
    Maria's learning ...
    maria went the direction I thought it would. Away.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  11. #11
    Regular Member Idoncare's Avatar
    Join Date
    Sep 2012
    Location
    Johnstown, Ohio
    Posts
    4
    Indiana is not an at will employment state. It is a right to work state

    Sent from my SPH-L710 using Tapatalk

  12. #12
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by Idoncare View Post
    Indiana is not an at will employment state. It is a right to work state

    Sent from my SPH-L710 using Tapatalk
    Those are virtual synonyms.

    'At Will' simply means that employers do not need a reason to release someone.

    'Right to Work' simply means the same thing, but workers can also not be required to join a union to remain employed where a CBA is in place.


    I am an 'at will employee,' in a 'right to work' state.
    Last edited by wrightme; 10-13-2014 at 09:25 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  13. #13
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,273
    "Ferlaino's conversation with his co-workers violated the company's "no tolerance policy,"

    It would appear that he was not fired for owning a firearm, but for discussing firearms at work. Apparently it is against their policy.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  14. #14
    Regular Member twoskinsonemanns's Avatar
    Join Date
    Apr 2012
    Location
    WV
    Posts
    2,489
    I had that same question about the conversation policy. Efforts to reach out to their management have gone unanswered at the time of this post.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

  15. #15
    Regular Member ICBM's Avatar
    Join Date
    Jun 2014
    Location
    McCordsville, IN
    Posts
    72

    Reason for termination

    NO, he can win this case IF he can prove they fired him because his gun ownership, like a letter of termination explaining why (which they don't legally have to give in this state actually, but they might have screwed up and did so anyway).

    And you can't be fired for ANY reason. In some cases, while under contract, when receiving certain benefits like a pension, or for civil rights reasons (race, color, creed, religion, etc.)

    Also, you need to remember that it is easier to prove a case in civil than it is in criminal court, because its burden of evidence (which he might have) versus "beyond a reasonable doubt."

    The limiting factor is generally court costs, unless you have a lawyer contracted on a contingency basis that you win.

    But yes, it CAN be difficult to sue in an "at will" state, if they give you no reason for termination.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •