Were my 2nd amendment rights violated if Iwas fired for having my gun at work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Were my 2nd amendment rights violated if Iwas fired for having my gun at work?
It says in the company handbook that fire arms and weapons are not permitted unless state and local laws permit. I live in a state where you can pretty much bring a firearm any where. I was given no notice and was never told not to bring it with me. The previous manager from the same store I worked at brought his gun with him all the time; my boss has even gone to other stores recently and seen employees with their own guns.
Asked on March 3, 2012 under Employment Labor Law, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were not working for the government (city, state, or federal) or some government arm (e.g. school district; community college), then you have no 2nd Amendment rights at work. The Constitutional Rights enshrined in the first 10 Amendments apply against the government, not a private employer. A private employer may disallow guns.
Also, if you do not have an employment contract, you are an employee at will and may be fired at any time, for any reason, without prior notice or warning.
Therefore, from what you write, it appears that what your employer did is legal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.