If my employer’s policy states that it’s a violation to carry any kind of weapon and I have a legal permit, what are my rights?
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If my employer’s policy states that it’s a violation to carry any kind of weapon and I have a legal permit, what are my rights?
I had a brief exchange with my manager. In short, I asked if it was legal for my employer to have such a policy and he said: “In synopsis, on “is it legal”: absolutely and there are decades of legal precedence behind that.” He stated: “[..]state laws do provide private and public places the ability to restrict carrying weapons on the premises. For example, schools and liquor stores typically prohibit carrying weapons on the premises;” It seems to me the analogy is very weak (we focus on computers). Not convinced, I don’t give up freedom of speech at the door, why do it with right to defense?
Asked on April 4, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
While this may seem wrong to you, it is legal. The reason is that most employment relationships are what is known as "at will". This means that basically your employer can hire/ fire you for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit; including the carrying of otherwise legal firearms. In turn you can work for your employer or not, your choice. The exceptions to this would be if there is a stated company policy to the contrary (clearly not), there is a union/employment agreement that governs, or this situation has arisen due to some type of workplace discrimination (that is for reasons of reasons of race, religion, age, disability, sex, national origin, etc).
Note: In this day and age it is simply prudent for an employer to prohibit firearms in the workplace (for liability purposes alone).
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