In the wake of recent gun violence, Employee C has become an ardent advocate for
ID: 332966 • Letter: I
Question
In the wake of recent gun violence, Employee C has become an ardent advocate for gun control. Employee C’s Employer operates in a state where both open-carry and concealed-carry licenses permit patrons of Employer’s business to carry firearms while they shop. Employer does not have the statutorily-required postings that would prevent patrons from carrying firearms on the premises. Despite numerous warnings from her supervisor, Employee C continues to identify patrons carrying firearms to other patrons, asks them to leave the premises, claims she is uncomfortable with their actions (even when there is no objective evidence to support any concern), threatens to involve law enforcement and generally creates an uncomfortable environment for patrons (both those who carry firearms and those who do not). Should Employer consider terminating Employee C’s employment? Why or why not? Could Employer face legal claims from Employee C if it elects to terminate her employment? If so, what types of claims could it face?
Explanation / Answer
State laws do not authorize gun owners to bring their weapons into the physical confines of the workplace. Employees are only allowed to bring them in the parking lot and secure them in their personal vehicle. If the employee fails to do so then the employer can concealed his/her gun. She should be a zero tolerance policy for workplace violence. But as per given in the case the employer cannot prohibit employees from carrying firearms to workplace. So the employer cannot terminate employee C on these grounds.infact if terminated employee c can sue the employer on grounds of The Occupational Safety and Health Administration (OSHA) where it is the duty of the employer to provide a place of employment that is free of recognized hazards to employee safety and health, in which she is currently feeling uncomfortable.