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« "Living constitutionalist's" frustration at Heller | Main | Rex Davis, RIP »

Opinion on employment and firearm rights

Posted by David Hardy · 3 April 2008 02:09 PM

Gene Volokh has a posting on an employment law case. Normally, an at-will employee can be fired, or quit, for any reason. In this case, he was fired because he brought a firearm to work. He sued, and the court refuses to dismiss his suit (although he might lose it later). The reasoning: (1) the state constitutional provision on right to arms for self defense indicates a strong public policy (while not binding a private property owner directly) in favor of such and (2) it is alleged that the employer really didn't have such a policy in place at the time of the firing, they just decided they didn't like it and fired him out of hand.

3 Comments | Leave a comment

dave | April 3, 2008 4:46 PM | Reply

That's why, when you fire an at-will employee, you give NO reason why he is being dismissed.

Windy Wilson | April 4, 2008 12:33 PM | Reply

To add to what Dave said; you can be fired for no reason but not for a bad reason.

And if that makes sense . . .

Billy Oblivion | April 4, 2008 5:24 PM | Reply

If you fire someone for a rule that didn't exist before they broke it, then you deserve to get sued out of existence.

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