In the wake of recent gun violence, Employee C has become an ardent advocate for
ID: 339819 • 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. The 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
Should Employer consider terminating Employee C's employment?
Employee C has been a ardent advocate of gun control, However, the employer operates in a state that permit patrons from carrying open and concealed guns in the premises. This entitles the patrons from carrying the pistols as they need. Also, in addition, the employer does not have statutorily required postings that would prevent patrons from carrying firearms.
The above facts clearly state that patrons have the legal right to carry the firearms while the employee who is employed under the employer does not have the statutory rights to prevent the carriage of firearms.
The employee has the right to have his own opinions and support, but does not have the rights to exercise them in an environment that is regulated. Individuals’ opinions are not above the law.
The employer could explain the same to the employee and provide a written advice to the employee to refrain from activities that cause discomfort to the patrons who are in the employers’ premises. After the warning, the employees’ activity can be monitored and ensured that he is behaving as per the direction. If there is a repeated violation, the employee can be removed from service for non adherent to the rules of the organization.
Could Employer face legal claims from Employee C if it elects to terminate her employment?
As the employee had involved in the act of disregarding the employer’s rule at the workplace , this could mean the employee may not have the rights to several compensation that could be provided by an employer who is terminated in the case of normal events. However, the employee could still try to make a legal claim from the employer by providing his side of the point. The employer could offer to provide severance benefits as goodwill on the part of the employer employee relationship and the employee may not have a strong case of support legally since the evidence would clearly point out that there has been a conflict of interest.