August 16th, 2009 07:34 PM
Just my opinion but, I too think I would check with the NRA recommended lawyer for your area to see what action, if any, you might be able to take against the bank.
Like I said though, that's just what I would do.
August 16th, 2009 07:47 PM
This is an excellent post. You succinctly stated a conclusion that is directly on point. It is a view that everyone missed.
Originally Posted by Random
August 16th, 2009 07:51 PM
Originally Posted by cwblanco
I went to pick up my check today and my place of employment they
ask me if I was carring a gun and if I had a permit.
(Now the place I work at is a health care facility and are antigun) I told them now I wasnt carring at the present moment but yes I do have a permit and they proceded to tell me the bank had called them to say one of there employees had ask what there policy was on open carry in the bank which was me.
They told me and I listened, no problem.
Now I provide care for my wife who is disabled and being disabled she gets a disablity check (well I guess you could call it that) but anyway
she is automactily on medicaid and they pay this company to pay me
and as I said they are anti gun.
So what right did the bank have to do this ?
Do I have any recourse against this bank for violating my privacy among other things ?
And if I lose my job do I have any recourse ?
And yes I do have a valid NC chp.
Better ?? :)
August 16th, 2009 08:10 PM
Find another bank that dose not stick their nose in your business. If you lose your job or are demoted then I would get a lawyer.Carry concealed and you will not have any problems unless you ask if you can carry.
August 16th, 2009 08:41 PM
More interesting now
This is more interesting now. It isn't so clear to me that you are an employee of the hospital (or whatever health care facility it is) simply because they are passing along Medicaid money to you to take care of your wife instead of Medicaid having to hire someone else directly or contract with a company to hire someone.
Originally Posted by Fdisk
So, let's first establish whether or not you are truly an employee of this health care facility the bank phoned.
Do they take income taxes out of the check to you for the services you provide?
Do they withhold Medicare or Social Security taxes from the check they give you for taking care of your wife?
Are they merely passing along money to your wife for her to pay someone to take care of her and that someone happens to be you?
More interesting, suppose they fired you. What would they then do to keep their obligations to provide Medicaid living assistance to your wife? They can't cut her off just because you had some sort of incident at the bank or violated a rule at the facility where you perhaps are employed, perhaps not.
This is a tad more complicated than it originally seemed.
Are you absolutely certain you are considered an employee of that facility?
Next step, suppose they decided to fire you. How would Medicaid take care of your wife?
Without knowing if you are truly their employee and not merely a recipient of Medicaid payments, it isn't possible to speculate further about whether or not the bank did anything wrong.
Is the check made payable in your name or in your wife's name?
August 16th, 2009 08:42 PM
First, is NC a state where you work at the whim of your employer (like KS where you can be fired and you (the employee have to prove wrongful termination). If so, you are in a bad situation as I understand it.
Also fellow forum folks it is his employers bank (if I understand him) that did this.
As to why you would ask . . .
August 17th, 2009 12:33 AM
Sorry to hear of the disability of your loved one, and your taking care of her is admirable. I'm glad you're able to have the financial help. It seems you have been forthright with your employer, and you asked an honest question of the bank employee. I hope the whole matter blows over without repercussions, if you don't stirr the pot. Document events clearly, in case you suffer future harm, and competent legal advice can be based on all the facts.
As an afterthought, I never discuss my own permit status with anyone except a LEO who specifically asks, my immediate family, or my students. I ask students to call me with any questions, and if I'm unsure, I ask the Attorney General for a written response. The problem remains that written opinions and black letter laws turn all shades of grey in court. Obscure precidents have been know to muddy even the purest spring of justice. I doubt many of us would walk into an IRS office to ask if such and such would have increased our tax liability.
Let us know what happens.
Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776
Tu ne cede malis, sed contra audentior ito.
("Do not give in to evil but proceed ever more boldly against it.")
-Virgil, Aeneid, vi, 95
August 17th, 2009 10:16 AM
Normally i dont discuss my permit status but after the bank called my work and they ask me i told them.
Originally Posted by gunthorp
But hear is something interesting I called the NRA today
they transferred my call and the lady I spoke with said in NC it is normally not allowed to open carry in a bank and it was better I ask before I did or more than Likely I would have had allot more trouble but she also said if the bank wasn't posted I probly wouldn't have been prosecuted.
The NRA said dont try to open carry in a bank.
So legal or not i got it from the NRA and your welcome to call there is an option for the call to be transferred for legal advise.
August 17th, 2009 04:17 PM
Should the bank call?
Not necessarily a "legal" answer, but rather an "ethical" one. This comes from the May 10 New York Times ethicist column:
I am a bank teller. When I work the drive-through window, every week or two customers present a state ID instead of a driver’s license, often acknowledging that they have no license. As a teller, I must keep bank information confidential. As a citizen, I worry about the dangers of unlicensed drivers. May I report them to the police? NAME WITHHELD, WISCONSIN
You may not. As you note, you have a privileged relationship with your customers. It is because they can rely on you to protect their privacy that they are willing to disclose all sorts of personal information. Your duty to safeguard customer privacy would be superseded if someone presented a serious imminent danger to others — if someone were driving blindfolded while firing a crossbow and steering with his feet, for instance. But being unlicensed does not in itself constitute a sufficient threat to warrant your calling the cops.
You may register a protest — a phone call to the highway patrol, a query to some sort of columnist — if you do not disclose privileged information.
It is impressive that unlicensed drivers regularly use the drive-through and cheerfully acknowledge law-breaking rather than simply park and do their banking indoors — a stirring example of either sheer bravado, stunning dimwittedness or a robust determination to avoid exercise, even by walking from the parking lot to the bank.
August 17th, 2009 05:51 PM
State IDs--re Dr.Todd
While this is not anywhere near closely related to the o.p.'s question,
Originally Posted by DrTodd
the teller in the scenario you (Dr. Todd) posted has made numerous inappropriate conclusions about the offering of a state ID.
I hold a perfectly good DL, CHL, and state issued ID. When I am asked for ID by anyone other than an officer for something related to driving, I show my state ID. That is because I don't want to risk losing either my DL or CHL.
So, just because a customer drives up to a bank and perhaps sends a state issued ID through the pneumatic tubes at the drive up window to the teller, does not mean that they are driving illegally. It means they don't want to risk the dummy behind the glass losing their DL, sending it to the wrong driver by placing in the wrong pneumatic tube and so forth.
I use state issued ID at the airport, and it is perfectly acceptable. I did one time get asked for a second ID and (though I don't typically do it) I gave my CHL. The bank employee wouldn't accept that but was perfectly happy to take a SAMS card or a AAA card. Go know.
The "ethicist" responding in the NY Times article apparently didn't think through his/her answer carefully. Yes, it would be unethical to make a report to the police in that circumstance, as it was unethical to call the o.p.'s employer, but the teller in the story posted by Dr. Todd was completely mistaken about her conclusions. Had she phoned the police she likely would have just wasted their time, and hers, and her employers.
August 17th, 2009 07:14 PM
This is the same conclusion I came to. Many people have state issued ID cards to use daily here in my town as it is a college town. I think it was wrong to assume that they are breaking the law simply because they did not use their drivers licenses.
Originally Posted by Hopyard
August 18th, 2009 07:23 AM
Good morning ladies and gents. Your friendly neighborhood Mod has just spent way too much time cleaning this thread. Due to the fact that I am an evil-ill-tempered human without my required level of coffee, I was about to shut down this thread for good due to the unnecessary comments and attacks. Since I am now sipping on a hot cup of java, I am giving this thread a reprieve but it will be kept under a watchful eye.
Keep it polite and on topic.
You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
Ego will kill you. Leave it at home.
August 18th, 2009 07:56 AM
Originally Posted by retsupt99
Originally Posted by chambered
Dude, I'm unhappy with NRA but if this happened to me, I'd call them.
Originally Posted by puncho
Good luck. Let us know what a lawyer says.
August 18th, 2009 08:30 AM
Why OC? I carry into my bank all the time(concealed) with no problems.
The old Dont ask Dont tell ............
I think OC can just cause problems from the Sheeple.I do understand that OC is Your Right,but why fuel the fire.......JMO
When I leave my house in the morning........I take all of my Rights with me.
August 18th, 2009 09:00 AM
AMEN! There is nothing wrong with exercising your rights but there is also nothing wrong with choosing your battle ground. The bank wouldn't be my choice of places to prove the point. I have however been carrying concealed in my bank for years. No one knows of course.
Originally Posted by xd45in
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