Test case for Indiana law?

[IndyGunSafety]

This man was fired for answering in the affirmative when his employer asked if he was a gun owner. His resulting lawsuit could be the first test case and set legal precedent in the state of Indiana. I'll be watching those closely.

This Guy Was Fired For Answering A Simple Question The Way Every American Has A Right To

 

[Rhoadmar]

LoFS is famous for stupid decisions and policies. My former in-laws sold their farm to the developers when they were building that place. The drama and draconian rules of that Hoa would be a hit reality show.
Here's hoping he wins.

 

[GodFearinGunTotin]

Tagging for updates.

 

[HoughMade]

LoFS is famous for stupid decisions and policies....

That's true.

I interested to see how the residents will react when they hear about this. I have some friends out there who are reasonable people who will probably be outraged by this decision.

On the other hand, there are some snooty liberal types who live out there who are under the impression they are living in some sort of high-end development (because of the gates, I guess) who will support it. Overall, I would guess there are more gun owners in LOFS that not.

In any event, it's not what it once was. I just moved out of South Haven after living there for 15 years (my "starter" house was just too comfortable). In the last decade, LOFS has gotten...interesting. The crime rates, knucklehead teens and 20-somethings, vandalism, etc......at this point, I'd take South Haven.

 

[HoughMade]

The interesting part is, if the original times article is accurate, he may have been fired for telling a co-worker he is a gun owner, not for being​ a gun owner. Will that make the difference? Even in a lawyer's eye, I believe that this is too fine a line. It will make an interesting test case.

http://www.nwitimes.com/news/local/...cle_2748e456-3de6-50c2-acc7-a72cf42bf6fd.html

 

[Ericpwp]

It looks like his lawyer is McCheese's wife. Friend of the 2nd???????

 

[HoughMade]

It looks like his lawyer is McCheese's wife. Friend of the 2nd???????

I saw the name, but didn't know the relationship.

 

[hooky]

So she is the Mayor's wife?

 

[mrjarrell]

If you can be fired for practically anything in Indiana, how is this going to stand up? He wasn't fired for possession of a firearm on their property, just for espousing ownership. I'm interested in seeing how this plays out, but if Indiana is "at will", how does this not apply? Sure he has the Right to keep and bear, but what about their employer Rights? Gonna be an interesting case.

 

[lizerdking]

I remember hearing when hospital staff/nurses were being let go if they didn't quit smoking. Not just at work mind you, but on their off time, if they tested positive for nicotine use or were caught smoking off property they could be fired.

How did any of those cases turn out? I imagine this could be comparable...

 

[GNRPowdeR]

Tagged ... Thanks!

 

[Roadie]

The interesting part is, if the original times article is accurate, he may have been fired for telling a co-worker he is a gun owner, not for being​ a gun owner. Will that make the difference? Even in a lawyer's eye, I believe that this is too fine a line. It will make an interesting test case.

Former LOFS employee's lawsuit says he was fired for owning a gun : Crown Point Community

It is a fine line, but the employer DID ask the employee, and from what I understand, that is Verbotten

 

[HoughMade]

It is a fine line, but the employer DID ask the employee, and from what I understand, that is Verbotten

You are correct about that.

...but what if he is asked: "did you tell your coworker you owned a gun" rather than: "do you own a gun"?

 

[AJMD429]

You are correct about that..
..but what if he is asked: "did you tell your coworker you owned a gun" rather than: "do you own a gun"?

The sad thing is to see that so many important social policy issues are decided on that kind of technicality...

 

[ModernGunner]

I remember hearing when hospital staff/nurses were being let go if they didn't quit smoking. Not just at work mind you, but on their off time, if they tested positive for nicotine use or were caught smoking off property they could be fired.

How did any of those cases turn out? I imagine this could be comparable...

Not sure, but smoking is NOT in the U.S. or Indiana State Constitutions. The right to keep and bear (own and carry) IS. NOT 'comparable' at all, really.

LOL, I think the HoA would have had a heart attack if they knew of one LoFS homeowner who kept a virtual 'arsenal' in a specially built room in their home.

 

[rugertoter]

Wouldn't want to work for those clowns anyways. I hope his lawyer drags them through the coals.

 

[bigretic]

just saw it in the paper, tagged for updates.

 

[Denny347]

I thought that most here were of the logic that a private business should be able to hire/fire as they see fit. Race, religion, etc were all fair game. I guess not.

 

[Denny347]

Not sure, but smoking is NOT in the U.S. or Indiana State Constitutions. The right to keep and bear (own and carry) IS. NOT 'comparable' at all, really.

LOL, I think the HoA would have had a heart attack if they knew of one LoFS homeowner who kept a virtual 'arsenal' in a specially built room in their home.

Yes, those documents protect us from our government..oh wait, HOA's are private businesses...now I'm confused.

 

[96firephoenix]

considering that even asking if he is a gun owner is a violation of state law, I think he has a pretty clear case.