fired for practicing my second amendment rights

fired for practicing my second amendment rights

This is a discussion on fired for practicing my second amendment rights within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My employer is about to fire for practicing my second amendment right. One of the managers at the Utah Costco I work at noticed my ...

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Thread: fired for practicing my second amendment rights

  1. #1
    New Member Array jack87's Avatar
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    fired for practicing my second amendment rights

    My employer is about to fire for practicing my second amendment right.

    One of the managers at the Utah Costco I work at noticed my concealed firearm in the back of my pants. I am on 3 day suspension now pending termination. I am not sure what I need do to protect my second amendment right.

    The police were called and it was confirmed I had done nothing illegal considering I have my Utah CCW.

    Managers handled the situation very poorly trying to make me pull out the fire arm and place it on a desk. As well as announcing the situation in the office with coworkers around as well as the front end in front of more co-workers and costumers.


  2. #2
    Distinguished Member Array Agave's Avatar
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    I guess you signed something stating that you understood the company policies. I'd check your handbook. If you broke the rules, that's on you. You have the right to speak freely as well. Your employer isn't bound by the Constitution which protects your rights.
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

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  3. #3
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    Well that is rather unfortunate for you, the Bill of Rights applies to the government, not Costco. You have the right to carry, and your employer has the right to terminate you for cause, especially if you violated a company rule.

    You should probably work on your carry set-up too if non-gun people were able to notice it
    Fortes Fortuna Juvat

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  4. #4
    Distinguished Member Array Pro2A's Avatar
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    Don't know what to say man. I mean I'm all against employers prohibiting carry in the work place, but I have to ask the obvious... I'm assuming you were aware of the companies no firearm policy? I know I am aware of mine... I'm usually pretty discrete about carry at work and won't stoop or bend if I feel my firearm can be seen.

    Either way sorry for the lost job... IMO opinion I feel both you and your employer could have handled that much better. Maybe it will help you in the future of how to better conceal?

  5. #5
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    Did you know the rules prior to CCW at work?

    Obviously it was not illegal, but your employer has a right to make demands concerning your carrying of a weapon on their property. It is then your decision to carry or not...it's a matter of how much you need employment. This topic had been discussed in numerous threads.

    Why did you not conceal better?

    I certainly agree with your RKBA, but it can be a great expense...as you are now aware.
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    Member Array hdawson's Avatar
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    Cool

    We have rights and so do the property/business owners have rights.

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    New Member Array jack87's Avatar
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    Thanks for your responses all. I guess the question I meant to ask is what steps can I take to take the situation to a civil suit against the employer. Allowing the courts decide weather or not it is okay to carry at the work place. I know simillar issues have came up in regards to parking lot carry. But I can not seem to find any court examples of in the work place situations.

  8. #8
    Distinguished Member Array Pro2A's Avatar
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    To be honest man... I think you are up the creek without a paddle on this one. Property rights if I am not mistaken are equal to or greater then individual rights. The government may not infringe on rights... doesn't say anything about private property.

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    Senior Member Array puncho's Avatar
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    Quote Originally Posted by jack87 View Post
    Thanks for your responses all. I guess the question I meant to ask is what steps can I take to take the situation to a civil suit against the employer. Allowing the courts decide weather or not it is okay to carry at the work place. I know simillar issues have came up in regards to parking lot carry. But I can not seem to find any court examples of in the work place situations.

    You have no case in court...

  10. #10
    Senior Member Array tbrenke's Avatar
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    well as stated above, this sucks but I bet the company handbook has covered this already. Costco is known for its anti gun stance.

    so, the only blame is resting on your lap.
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
    There are always too many Democratic, Republican and never enough U.S. congressmen.

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    Member Array ladman's Avatar
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    Quote Originally Posted by jack87 View Post
    Thanks for your responses all. I guess the question I meant to ask is what steps can I take to take the situation to a civil suit against the employer. Allowing the courts decide weather or not it is okay to carry at the work place. I know simillar issues have came up in regards to parking lot carry. But I can not seem to find any court examples of in the work place situations.
    You don't have a leg to stand on for a civil suit. If they informed you not to carry on the job/property, then you don't have any right to carry there. Plain and simple.
    Glock 22, Glock 23, S&W SW40VE, S&W SD9VE, Kahr CM9, Del Ton Echo 316 AR15.

  12. #12
    Member Array peaceful's Avatar
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    Fired

    Why are you interested in sueing, if you screwed up? After 70 some years on this earth and having had permits since day one I would think you had enough sense to know the rules where you work.
    Peaceful

  13. #13
    New Member Array jack87's Avatar
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    I know firearm laws are always in the works and changing I want to add an addition to efforts of stretching the workplace carry laws. Just don't know where to start.

  14. #14
    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by jack87 View Post
    My employer is about to fire for practicing my second amendment right.
    One of the managers at the Utah Costco I work at noticed my concealed firearm in the back of my pants. I am on 3 day suspension now pending termination. I am not sure what I need do to protect my second amendment right.
    The police were called and it was confirmed I had done nothing illegal considering I have my Utah CCW.
    Managers handled the situation very poorly trying to make me pull out the fire arm and place it on a desk. As well as announcing the situation in the office with coworkers around as well as the front end in front of more co-workers and costumers.
    COSTCO Implemented a Corporate NO GUNS policy several years ago.

    As an employee they most likely informed you of the policy.

    You probably have no legal recourse unless there were other reasons for
    termination.

    Sorry.
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  15. #15
    Senior Member Array gdm320's Avatar
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    You're up the proverbial tributary without a workable means of propulsion sir.
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