I GOT FIRED FOR CC IN VEHICLE AT WORK! HELP!

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    Vic_Mackey

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    Here's the story, I work for a property management firm in the loss prevention and safety department. I oversee security and safety threats around apartment complexes. It's an unarmed job (EEEK) but at 20/hr I don't complain much. Until now. I have had several LEO's and a US Marshall tell me that it's dangerous and they wouldn't work there without being armed, and that my team should carry weapons. The policy set by corporate states no weapons of any kind, it's a non-confrontational, hands off job. My conundrum: (and I know someone will say something smarta$$) I carry 99% of the time, the 1% that I don't is when I'm in the shower( smarta$$ comments, here they come...lol).

    Anyways, with this policy, and the fact that they want me to start working into the evenings at complexes where in two weeks time there were 2 rapes, 3 agg assaults with guns, and 20 breakins, I decided that I was going to follow the LAW and cc my .45 in my glovebox.

    Today, I come in to work, thwart some Hispanic males in a stolen car from stealing another already stolen car, stop an urban fella from casing a new move in, and start my reports. The same LPD officers that were there to investigate the car today came back. I thought we were having a meeting about said incident with my bosses boss. They sit me down and this pencil pushing F&%^, who by the way was a COP FOR 15 YEARS and in this line of work for 20, tells me I'm fired because I keep a legally owned AND registered firearm in my vehicle, and that I also refused to work nights because I couldn't carry. I never told him that I wouldn't work, I merely informed him that myself, my team, and several LEOs, including the cops that were present, told me we should carry.

    I then proceeded to tell him of the new Emergency Powers and Parking Lots Act that went into effect July 1st, 2010. He told me it didn't matter because this was private property. I looked at the cops, one of whom was a Lieutenant, and asked him if he knew of the law. He replied " I know a lot of laws."

    Long story short, they broke the law, and I'm now a jobless, highly decorated veteran who is going through a divorce and dealing with a house and a kid. And the 1500 is this week, fml.

    So I ask you guys: what can I do and who do I talk to about this matter. Thank you for reading through this whole mess. I needed to vent, and any help would be heavily appreciated.

    Vic
     

    dross

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    Do you have anything in writing? Right now, immediately, write down every bit of the conversation the way you remember it. If you can get the names of all witnesses, do that.

    While IN is an "at-will" state, they can't fire you legally for an illegal reason.
     

    eldirector

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    Contact an attorney about a wrongful termination suit. Your vehicle on private property is exactly what this law covers. It would be up to a lawyer to see if it applies in your situation. Did you get a written termination paper of any kind? Good luck....
     

    jason conley

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    Best of luck sounds like you have a crusade in front of you, thanks for my freedom in respect to your service. You have been in worse situations, I am sure, just don't give up.
     

    dross

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    Unless he has it in writing otherwise, it's probably not going to help.
    All they need to say is "performance was sub-par" or "I didn't like his shoes today".

    Except they already provided an illegal reason. They could lie, of course, but the "at-will" issue is already moot, because they gave him a reason.

    I live in an at will state, and have participated in many terminations. Unless you have specific, legal cause, the safest way for an employer to fire someone is to say, "We're terminating your employment," and give no reason. As soon as you've given a reason, the question is whether the reason was legal. I don't like your shoes - would be a very dangerous statement for an employer to make.
     

    JetGirl

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    Except they already provided an illegal reason. They could lie, of course, but the "at-will" issue is already moot, because they gave him a reason.

    I live in an at will state, and have participated in many terminations. Unless you have specific, legal cause, the safest way for an employer to fire someone is to say, "We're terminating your employment," and give no reason. As soon as you've given a reason, the question is whether the reason was legal. I don't like your shoes - would be a very dangerous statement for an employer to make.

    Well, then...I'm certainly no lawyer but I wish him luck. Personally, I think if it's not in writing, he's screwed.
     

    Vic_Mackey

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    Well, I'm kind of a knucklehead because I'm not a member so I don't think they would go to bat for me, even though it would serve notice to all these antigun businesses out here.
     

    XMil

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    So, how did anybody know it was in the glove box?

    (Sorry if I just didn't see if it was explained already)
     

    MinuteMan47

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    Vic-

    Dross gave some good advice. I wouldn't post anymore about the issue until you have contacted a lawyer. Their reasoning for firing you is ILLEGAL.
     

    Fargo

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    Unless he has it in writing otherwise, it's probably not going to help.
    All they need to say is "performance was sub-par" or "I didn't like his shoes today".


    Really? Just what authority do you base that on? You don't think that his firing being contemporaneous with the gun being discovered makes it a little less cut and dry than that?

    Joe
     

    Vic_Mackey

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    It's in writing and they said insubordination because I brought my weapon to work. And another thing I found out is that the person who fired me was still under the 90 day period as well lol. I went to fire a guy, and had to have someone else do it because we were both less than 90 days. The lady I talked to at DOL tried saying I'm in the wrong because of the whole at will thing, so I had to put her in her place by telling her the law makes my vehicle an extension of my home, both of which are private property. They gave me a number to call at DOL. I hope that I can make this a landmark case, I haven't found any cases about it yet.
    It really burns me that I gave so much for the freedoms that I can enjoy now as a citizen, and turn around and get screwed over lol I'll keep ya posted. Anyone know a good pro bono lawyer in case this doesn't go where I want it to?
     

    MinuteMan47

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    It's in writing and they said insubordination because I brought my weapon to work. And another thing I found out is that the person who fired me was still under the 90 day period as well lol. I went to fire a guy, and had to have someone else do it because we were both less than 90 days. The lady I talked to at DOL tried saying I'm in the wrong because of the whole at will thing, so I had to put her in her place by telling her the law makes my vehicle an extension of my home, both of which are private property. They gave me a number to call at DOL. I hope that I can make this a landmark case, I haven't found any cases about it yet.
    It really burns me that I gave so much for the freedoms that I can enjoy now as a citizen, and turn around and get screwed over lol I'll keep ya posted. Anyone know a good pro bono lawyer in case this doesn't go where I want it to?

    Vic - Read my above comment.

    YOU DID NOT BRING YOUR WEAPON TO WORK. IT WAS IN YOUR PERSONAL VEHICLE.
     

    dross

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    It's in writing and they said insubordination because I brought my weapon to work. And another thing I found out is that the person who fired me was still under the 90 day period as well lol. I went to fire a guy, and had to have someone else do it because we were both less than 90 days. The lady I talked to at DOL tried saying I'm in the wrong because of the whole at will thing, so I had to put her in her place by telling her the law makes my vehicle an extension of my home, both of which are private property. They gave me a number to call at DOL. I hope that I can make this a landmark case, I haven't found any cases about it yet.
    It really burns me that I gave so much for the freedoms that I can enjoy now as a citizen, and turn around and get screwed over lol I'll keep ya posted. Anyone know a good pro bono lawyer in case this doesn't go where I want it to?

    Stop posting details! This will haunt you later if you're not careful.
     
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