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Federal court voids firing because employee was armed
Gene Volokh discusses a new US District court case (N.D. Ohio) that ruled that a UPS employee was wrongly fired, for having an unloaded firearms in a public parking lot used both the UPS and other employees.
UPS had announced that law enforcement would be conducting a "routine" search of all persons and property for contraband. Er -- anyone heard of the 4th Amendment? He said that he had such a firearm, and he was fired.
Generally, unless the employment contract says otherwise, a person can be fired, or can quit, at will. But some courts have recognized that the firing power cannot be exercised in narrow cases where the firing offends "public policy" (usually invoked where a person was fired in retaliation for, say, complaining about safety violations). The district court, recognizing the Ohio constitutional provisions on the right to arms, said that the firing violated such state policy (stressing that the allegation was that UPS didn't own the parking lot, so it'd be the same as firing a person for owning a firearm in their home).
Comments
Of course UPS is searching employee's cars for stolen goods. They can't stop their employees from stealing them blind. That's why YOU AND I have to ship handguns by the most expensive service. We pay because they steal (FedEx too).
Posted by: 30yearprof at February 22, 2007 09:19 PM
It sounds like the judge was denying a 12(b)(6) or something because he said UPS could challenge again during discovery or summary judgment. The fired guy hasnt won yet.
Posted by: Beerslurpy at February 22, 2007 10:37 PM
It was a PUBLIC PARKING SPACE. To allow them to fire you for having anything that was normaly legal in ANY PUBLIC PLACE would mean they could fire you for having a gun while deer hunting 100 miles away.
Posted by: Paul at February 23, 2007 09:34 PM
Remember (At least in Ohio) your employeer can search your person, bag, locker, or vehicle while on the job. Its not a matter of the 4th amendment becasue it is a private employeer. If you dont like it then dont work for that company.
Do I like what happened... NO! Should it be allowed to happen... NO!
Is it allowed to happen...yes, the company was within its rights. In Ohio they can even fire you for smoking at home.
Posted by: Tim at February 28, 2007 07:02 PM
It is time for the silent majority to get off of
their deceased posteriors and combat these pseudo
intellectual ultra liberal clowns who are forceing
their opinions on the majority. Things will only get worse as long as people are to dumb or scared
to speak up.
Posted by: Marvin Shoaf at March 1, 2007 10:36 PM