Glad to hear it worked out well for you Prophet!
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Thread: Lost a dream job on principle
That was one of my first thoughts.Originally Posted by Aknazer
WI has a provision that nobody may face discipline of any sort at work for their "use or nonuse of lawful products" when not at work. It was written to protect smokers, but obviously applies to guns. I'm not having any success navigating the PA statute search engine to see if there's anything similar for you.
But there is the PA Constitution:
Article 1 Section 1: Inherent rights of mankind.
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
Article 1 Section 21: Right to bear arms.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Originally Posted by MLK, JrOriginally Posted by MSG LaigaieOriginally Posted by Proverbs 27:12
Glad to hear it worked out well for you Prophet!
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"A Right Un-exercised is a Right Lost"
"According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)
Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....
I respect your decisions and positions through the entirety of the story, Prophet!!
And yes, many employers DO have an interest in what you do outside of work. Various professional positions have contracts that include a morals clause. I own a business where we have fiduciary responsiblities and access to personal financial and other private information, much like bank employees. Employees with access to such information or with such responsibility must be above reproach in public. It is a relatively tight community and news travels fast as they say. Behaving in a manner that loses public trust could be devastating to my business and could lead to employee termination. How this applies to various employees in various businesses in various states is a matter of numerous employment and contractual laws but it is not BS in all cases that an employer has some say in outside of work behavior.
Prophet's situation is clearly different from my above example as his issue was not an original matter of employment/position and it is not clear if his boss is expressing personal feelings or a real concern of a business issue from her personal knowledge of her clientel. Regardless, IMO Prophet handled it well. He stood by his principles while remaining respectful and professional. His boss' reactions and resolution speak highly of him as an employee.
Is the job at the gym worth you disarming, would any of us acquiesce to this 'fair offer', or at a minimum not OCing? Some states have laws that do exactly what she is asking you to do. Disarm or conceal. It is unlikely that she is thinking in these terms. She has stated, unequivocally, that the only option is for you to disarm or quit.
Some folks rail against the state when the state does this. But that is the state and not a private citizen, so she is not infringing on your 2A right. She is holding your employment hostage based on her views of you carrying a gun.
It is all on you now. You have taken the emotional burden of firing a good employee for your off-hours behavior off of her shoulders. She can sleep at night knowing that you made (will make) the choice, not her when/if the time comes to make the choice.
Me, I'd walk, even in this economy.
Good luck Prophet, and carry on.
I believe the employer should be held as an libal for any injury as a result of the employers requirments. If a employee is shot and killed at work and the employee wasn't able to defend himself due to the requirements of being disarmed. The employer had a direct hand in the death of the employee. If they allowed a employee to carry and he was shot and killed then the the employer DIDN"T not allow the employee to defend himself and gave the employee every opportunity to survive.
I have been shot at work and that was here in the states while working in a hospital. All I had to defend myself with was....NOTHING, I had to run across a parking lot dodging bullets. Not a good day at work, my friend was shot in the chest while the gunman walked around cars shooting people that were trying to hide.
Of course, you're not out of the woods yet--there's still the potential for a negative comment to bring you right back to where you started. But at least you have an opportunity to continue to gently bring her around to your position in the mean time. Merely continuing to be a responsible person and dedicated employee is the first step, but only the first step.
Guns don't kill people. Drivers on cell phones do.
I do have some sympathy for the boss' position. OC, while not legal in the city my offices are located in public, it is legal inside a business and on property controlled by that business. However, I do not generally allow OC in my office by emloyees because of our customers. I encourage and allow CC. MO law would allow someone even without a CC permit to carry in their car to work, and CC it into my office and during the day while either in the offfice, on the property or in their vehicle. I offer no opinion on their method of carry off the clock. I'm not rigid about it in the sense that if someone walked in took off their jacket and were OC at that point and then put their sidearm in their desk drawer, for example, as I often do dependinng on how I am dressed, that's not a problem.
As someone that has worked with and for Law Enforcement I have to say OC is much more a deterent than CC though. I'm sure everyone slow's down or is a little more cautious when driving or passing a police car. Someone that owns a resterant might be a little more aware of his facility if he knows the heath inspector is coming for lunch. CC is fine and I still do it at certain events, but I do know it makes the bad guys pause and think twice before getting stupid when they know for a fact they are not the only armed people around.
I realize there is no comparision to the OP subject, but "on principle" , Being single, I have "lost" a few opportunitites to develope relationships with ladies who I was interested in based on there not being comfortable or agreeing with the fact that I carry daily...
"On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."
George Cecil (1891–1970) American advertising copywriter
Member: Wisconsin Carry Inc.
Member: Silver Lake Sportsmans Club
Wisconsin C.C.W. License Holder
Utah State Permit Holder.
Arizona State Permit Holder.
"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin
And this wasn't some machination on her part to insulate her from a lawsuit. First off, I wouldn't sue over this. Secondly, PA is an at will working state that means that they can fire me for anything other than that which is protected under specific classes of people. IE fired for race, age, disability, etc.
So, gunns, unless you think that manipulation occurs if my response is anything but "F-this Im outta here" I must disagree with your thought that I was manipulated in any way. I wanted to keep working there, her knee jerk reaction was to lay out some outlandish demand, I said no. She thought it over and reconsidered and it won't be an issue until it costs her money. How that is manipulation is beyond me.
There is no way to determine whether or not the complaint is real, in whole, or that the complaint is a 'either/or else' situation for the business owner. A harmless 'I don't like' comment from a customer does not mean that the customer will stop doing business. The owner is placed in the position of eliciting a qualifying statement from the customer, or to blow it off if the 'either/or else' statement is not made.
It would be nice to know which way the owner will go in that hypothetical situation.
Your continued employment is good.
The termination, if it happens, is bad, because the reason for termination could be held against you by a future employer. Even a simple termination for cause, or a some other uninformative response is still bad.
A future employer, hypothetically, would/could ask why you were terminated. There is no right answer other than the truth, you were terminated because you OC on your own time, because that is why you 'were' terminated.....wait, you quit, because you agreed to quit vs. being terminated. So, why did you quit? Once again, no right answer other than the truth, you OC in your off time.
Tough situation if it happens.
What you should have said is that you understand her not wanting you to OC at the work place and as the manager/owner of that establishment, she has the right to request that and that you will abide by her request. However, she does not have the right to request you not to OC outside of the work place and that her doing so infringes on your 2nd Amendment rights. She should also be made aware that if she chooses to terminate you based on her groundless claim that someone seeing you out in town OC'ing may cause her to lose business, that you would have no other choice but to pursue legal recourse against her and her establishment. I imagine she'll take keeping you and losing a client at $100 a week vs. firing you and losing everything she owns.
Last time I checked, your employer's beliefs didn't supercede the Constitution of the United States.
Finally, lets put this into a different social context to see if it makes sense? For the sake of argument, what if she had come to you and said, "I don't like the fact that outside of work, you go to church. I find it offensive and if one of my clients see's you entering a church, they may take offense and that will cause me to lose business. So you need to stop going to church or you will be fired."
2nd Amendment - A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed
So go ahead and give up your rights...let me know how that works out for you!
Last edited by brlong23; 02-07-2012 at 08:00 AM.
Just wanted to jump in and commend you for your well-crafted letter.
You made some excellent points that we all needed to read.
Proud Veteran ~ U.S. Army / Army Reserve
Mississippi State Guard ~ Honorably Retired
Prophet gets to do what he wants in his free time. IF someone complained, then he and she will cross that bridge when they get to it. Why worry right now. He is standing up for his beliefs, and she is stating her requirement for not OCing at work. It's a small amount of diplomacy. He hasn't given up his rights. He may turn her opinion in the near future, and have an ally. He now has a chance to slowly educate her, and she may tell the complaintant to pack sand 2 months from now. He likes, and needed the job. She needs and likes him.. Think what you want, but I have to say, all is well that ends well, RIGHT NOW!!
The Second Amendment is in place
in case the politicians ignore the others
A gun in the hand is better than a cop on the phone