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Wells Fargo Bank - vs - Fired Manager

Discussion in 'Legal & Political Archive' started by RicInOR, Feb 22, 2014.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    I hope this becomes an interesting case.

    I am on the side of private property rights. If yours is private property, then I need to abide by your rules. Post no guns allowed and I'll take my business elsewhere.

    I know there are those on this board who have a different view.

    But what happens when it is your employers policy?
    When I take public transportation, I really prefer to be prepared.
    In my current situation, I work at the clients facility and they are a sheeple zone.

    Bank manager, fired after carrying gun into work, files suit

    Here is where the problem started -
    "Last year, someone noticed she had a gun in the bank and reported her to bank officials. "
    Concealed means concealed and somehow she wasn't.
     
  2. gryghin

    gryghin Beaverton Active Member

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    It doesn't state how the person noticed that the bank manager was carrying. Could be a case of targeted reporting, there have been employees that thought the only way to get ahead was stepping on the person in front.
     
    Blitzkrieg and (deleted member) like this.
  3. The Heretic

    The Heretic Oregon Well-Known Member

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    You respect your employers policy if it is legal - in the case of weapons it is.

    I have worked a number of places and since the 80s most of them have had explicit policies regarding "weapons" at the workplace - specifically, none are allowed. If you break the rules then you can expect to be disciplined including termination.

    It is their property, it is their rules. I expect people to follow my rules on my property, and I respect theirs on their property. I may not agree with their rules, but it is their property.
     
  4. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I have no problem with personal weapons on my property, kindly leave them holstered unless justifiably needed. Judicious and accurate marksmanship would be much appreciated.
     
  5. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    I hope she wins. If your buisnees is open to the public then you should not have any right to discriminate against the constitutional rights of anyone including employees.
     
    Redcap and (deleted member) like this.
  6. accessbob

    accessbob Molalla, OR 2A Supporter

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    If the courts can force a bakery to serve customers they don't want to serve then they should be able to force employers to accept licensed concealed carry holders. But of course there is a double standard when it comes to guns.
     
  7. GrpCapMandrake

    GrpCapMandrake Vancouver Active Member

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    Accessbob,

    I agree that the bakery should not be forced to provide a service to a customer they do not like and likewise no private business should not have to do something they do not want to do. In this case I think it is pretty clear cut. The employee violated corporate policy. She is not required to work at the bank, she chose to do so. She agreed, when hired, to abide by their policies and procedures. The crux of the argument being that it is a "private business", not a public place. All that being said we are all also commenting without knowing all the facts, will have to see how this plays out.
     
  8. accessbob

    accessbob Molalla, OR 2A Supporter

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    Businesses should, if they choose to not allow guns, be made to provide a secure storage location so that an employee can travel to and from work without being left defenseless. If they aren't going to have an armed security guard escort you to and from work then there should be some method to allow for their wishes and the employee wishes to come together in a more harmonious way. Until that happens I accept that we may need to violate company policy in order to have defense to and from work. I, for example, do not have a vehicle to store it in either. I have to take the bus, which is even worse than driving as far as being more likely to need it.
     
  9. aslinged

    aslinged Southern Oregon Well-Known Member

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    I hope she takes them for many many millions and then donates big to GOA, etc.
     
  10. Rotty

    Rotty Skagit County Active Member

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    There is a way. Secure your weapon in the car and park across the street off of your companies property.

    My company has a "No Firearm" policy. That's how I get around it. For me parking across the street is no big deal. However if I ever got caught bringing a firearm onto company property then I would be terminated from my job.
     
  11. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    Most places I worked for were gun friendly, and did not have written policy's. Of course I am sure a lot of them now do have them, but a couple, if you were not carrying you were the odd man / woman out.

    I was involved in employee terminations in my career, and in several of them, other managers specifically asked that I be armed, concealed of course during the exit interviews.

    As a former business owner, and the guy who had the duty of signing the checks, it was my f*****g company, my money and I get to make the f*****g rules . Deal with it. Last time I looked it was not a Federal or state requirement to accomodate employees 2A rights.
     
  12. accessbob

    accessbob Molalla, OR 2A Supporter

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    Obviously you missed the part where I wrote:
     
  13. Grunwald

    Grunwald Out of that nut job colony of Seattle, WA Well-Known Member

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    The problem is that this is a publicly traded corporation and not a real private business. There is not a single owner but a whole bunch of shareholders who have nothing to do with the day to day operation of the business.
    I am not a lawyer but I suspect that a top flight attorney could make the case that they failed to be accommodating at some level.
     
  14. Onramp

    Onramp Renton, Wa Member

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    I have to agree with Mandrake. When I went to work for a bank, one of the conditions for hiring me was that I would abide by the policies of the bank, one of which was not to carry on the premesis. In my line of work, I was sometimes threatened by desperate customers seeking ill founded revenge for their poor practices (I worked special assets at the end of my career), so I carried knowing that I would be fired if the handgun was discovered. The threats were always taken seriously by the bank, even to the point of renting me a car (I drive a distinctive car) and possible security assistance at my home. Still - no problem - I took care, and figured if discovered, it was because I needed to defend my life. Alive and fired. That was what I was prepared for.
     
  15. Simonpie

    Simonpie Portland Active Member

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    So the government should force businesses to have gun lockers? Sounds intrusive.
     
  16. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    doesnt sound like a pro 2A company. I've never understood the gun free zone idea, its not the lawfully carrying employees you have to worry about.
     
  17. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    My life is more important than someone's "policy"
     
    Redcap, mievyl, accessbob and 5 others like this.
  18. accessbob

    accessbob Molalla, OR 2A Supporter

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    I just realized that in both cases the courts have said that infringements are okay and it hits both the 1st and 2nd Amendments. So my argument is actually flawed.
     
  19. Rotty

    Rotty Skagit County Active Member

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    You are correct I did miss that part. That tends to happen when someone drones on and on about the ridiculous ways businesses should cater to their needs. It's not in a companies interest to provide you or anyone else a place to secure your weapon let alone provide armed security. If you don't have a vehicle and have to rely on public transportation just means you're SOL and have to play by more rules.

    Back on topic. This lady got fired because she violated company policy. This will go no where in court.
     
  20. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    If I were to concede that it were okay for bakeries to be forced to do business even if it is against their beliefs then I would also say that businesses must also allow their customers and employees to exercise their 2A rights as well. I do not concede that this is okay in either case though. Provided that she was aware of company policy and chose to ignore it then I have to support the decision of the business. It pains me to take that position however I cannot pick and choose when a right should be allowed. (In this case the right of the business) That's the game the other side plays and I'm not playing. At least not by their rules anyway.