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Thread: Can employees in Mississippi sue if they’re fired for having a gun in their car

  1. #1
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    Can employees in Mississippi sue if they’re fired for having a gun in their car

    Can employees in Mississippi sue if they’re fired for having a gun in their parked cars? by Eugene Volokh @ WaPo
    "[ ... ] A federal district court, in Swindol v. Aurora Flight Sciences Corp., said “no,” because of Mississippi’s strong “employment at will” policy, under which employers can part ways with employees for nearly any reason, except those forbidden by statute.
    [ ... ]
    It will be interesting to see what the Mississippi Supreme Court says."
    https://www.washingtonpost.com/news/...r-parked-cars/

    It will be interesting to hear what happens in other right to work states.
    Last edited by Nightmare; 09-02-2015 at 07:27 AM.
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    This goes by state law, not federal, just to note. It maybe that that state's position on at-will employment is exactly what the judge stated.

    In other states, there is the "public policy" exception to at-will employment. You can read more about this aspect of employer-employee at will employment here (most states adopt similar views, looks like MS is not one of them):

    https://scholar.google.com/scholar_c...en&as_sdt=8006
    Last edited by davidmcbeth; 09-03-2015 at 01:36 AM. Reason: corrected typo

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    Quote Originally Posted by davidmcbeth View Post
    This goes by state law, not federal, just to note. It maybe that that state's position on at-will employment is exactly what the judge stated.

    In other states, there is the "public policy" exception to at-will employment. You can read more about this aspect of employer-employee at will employment here (most states adopt similar views, looks like MO is not one of them):

    https://scholar.google.com/scholar_c...en&as_sdt=8006
    MO or MI? this is Mississippi sub forum.

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    Regular Member The Truth's Avatar
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    That's the second time you've done that on a state specific forum, mcbeth. Careful.
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    Quote Originally Posted by Nightmare View Post
    Can employees in Mississippi sue if they’re fired for having a gun in their parked cars? by Eugene Volokh @ WaPo
    "[ ... ] A federal district court, in Swindol v. Aurora Flight Sciences Corp., said “no,” because of Mississippi’s strong “employment at will” policy, under which employers can part ways with employees for nearly any reason, except those forbidden by statute.
    [ ... ]
    It will be interesting to see what the Mississippi Supreme Court says."
    https://www.washingtonpost.com/news/...r-parked-cars/

    It will be interesting to hear what happens in other right to work states.
    Seems the statute does prohibit an employment policy banning guns in non-controlled parking lots. I didn't go searching so I can only surmise that the statute does not provide for a private cause of action. I'm hoping it at least provides for some government action against violations. Otherwise, a law with no penalty for violation is really no law at all.

    Utah's Parking Lot Preemption law provides for both private cause of action and for enforcement by the State Attorney General.

    Our law protects the possession of both firearms (locked securing in the vehicle and not in plain view) and religious items. It also provides protection from liability to the parking lot owner for incidents involving the use of firearms.

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    Quote Originally Posted by Ezek View Post
    MO or MI? this is Mississippi sub forum.
    A typo...MI=michigan , looks like u did one too ..

    All human I guess.

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    https://scholar.google.com/scholar_c...27795206414405

    Here's the opinion .. I like where the court says that thy make laws. Nice touch in there, like the legislature does not exist at all.

    But adding an exception to the common law at-will employment is a very tall order.

    This was a federal case because of jurisdictional issues ... guess where the company resides? Commie MA.

    never discuss guns at your employer, to any company employee etc. Sure, the company maybe the pro-est 2nd amendment supporter in the world but they can be bought out by an anti-company in a heart beat. So unless you are working for Smith & Wesson , mums the word on guns you own. 20 yrs ago it was fine .. but we have too many commies in this nation now.

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    We can now curb all speculations. As of yesterday (3-26-2016), the Mississippi Supreme Court unanimously decided that employees do in fact have a right to store firearms in their locked vehicles, provided that the company's parking areas do not restrict public access.

    Here is the supreme court's official statement.
    "While Mississippi is an at-will employment state, that doctrine is not absolute. This Court repeatedly has stated that the doctrine must yield to express legislative action and/or prohibitions found in federal or state law. We find that such “express legislative action” and “state law prohibitions” exist here. We also find that Subsection (5) does not protect Aurora from liability under the facts of this case. As such, we answer the certified question affirmatively."

    I happen to be the same Rob Swindol that is suing Aurora Flight Sciences. When I was fired, I approached multiple attorneys regarding the case, citing Section 45-9-55 of Mississippi's legal code that you guys have probably already familiarized yourselves with.

    Until I found David Butts, every lawyer I talked to either agreed that my rights had been violated, but wasn't sure exactly how to defend me, or simple told me the it's an at-will state and that was that. But David Butts, a known 2nd amendment advocate, allowed be to soapbox in his office long enough to convince him that we did have a case. He has been an amazing attorney over the past 2.5 years, and has shot me straight every step of the way.

    Now that Mississippi's supreme court has established a precedence by clarifying their exact interpretation of the at-will doctrine coincides with expressed legislation, we can now proceed with the case at the district court level. Basically, it's up to a jury to decide how much I will be awarded for the damages that came from losing my career in aerospace due to a blatant violation of my rights.

    Keep your fingers crossed for me fellas!

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    SWINDOL v. AURORA FLIGHT SCIENCES CORPORATION

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    Welcome aboard and a hearty congratulations RobSwindol.

    We do try hard to keep up with the laws and court decisions pertaining to RKBA. Links, as Nightmare has provided, are appreciated as the give solid credibility to such references.

    Look forward to your pending civil response. Will you be filing in state court or federal?
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