Did they have the right

[bassmatt]

I lost my job on friday the reason i was given was because I had a firearm on the company property. Now the gun is legal I have a permit to carry the firearm and there is no company policy against it. The county officers went through everything i owned on the property without my approval and removed my firearm from my locked car and I was told that I could retrive the firearm after 72 hours. Now for the questions did the company have the right to terminate my employement? And did the officers have the right to do what they did? I understand the officers have a job to do but did they have the right to take my firearm? The officers were polite and professional but,i dont understand how they can do this?
THANKS
Matt

 

[JustGone]

Don't they need a warrant* to search someones vehicle?

 

[USMC_0311]

Wow..tough situtation. How did they decide to search your car? Did they break into it to do the search? (you said without your approval) How did the county get involved? Oh welcome to INGO.

 

[jennybird]

Must be more to the story. Have you contacted an attorney yet?

 

[Scutter01]

If you signed paperwork during your initial orientation giving them the right to search your belongings or property, then they don't need a warrant. Also, Indiana is an at-will employment state, so they can fire you for any reason or for no reason.

If you did NOT sign anything, then I believe their search was illegal. Did they have to break into your car to search it, or did you unlock it for them?

 

[rambone]

Did you do something to provoke the search? Was the firearm visible?

 

[bassmatt]

I have an app next tuesday with an attorney. A person that i work with ask if he could use my firearm to harm the boss i said no and told my immediate supervisor. The company did an investigation and I was terminated, the officers said that i did the right thing and was getting the shaft.I offered to clock out and take the firearm home with the hit against my attendence and wages and they said thaat I was not allowed to leave. So i offered to have my wife come get the gun. they said it was ok and to get back to work. 2 hours later they come get me and terminate my employement

 

[bassmatt]

the car was locked with the windows up. the officers went into my lunch box and retrived the keys and i signed nothing about a search when I hired in i still have copies of everything that i signed oh the gun was out of sight and not visible

 

[bigus_D]

This sounds like a no good situation for sure. Sorry about that.

I think, at least from my understanding of Indiana's Employement At Will status, you will not get your job back or receive compensation for wrongful termination. Glad to hear you are seeking the advice of an attorney, however... because my advice is only worth what you are paying for it.

A few key points I see, however: Nobody should have known about the gun in your car to begin with. When you told your supervisor about the 'threat', you still shouldn't have said anything about having a gun...

 

[bigg cheese]

wait.... so you were asked by someone if they could use your gun to harm the boss?

Aside from the part where no co-workers you don't trust (as in a close friend) should not have ever known about you packing to work, you should be praised for averting a potential threat...

 

[Denny347]

Nevermind

 

[redfireman1969]

you woul have thought they would have just asked to see your permit to carry instead of searching your car ,sounds like 2 wrongs and a violation of your rights but thats just my 2 cents

 

[The Meach]

Talk to the lawyer and let us know how it goes!

 

[Arm America]

I'm shocked the officers chose to enter your vehicle without your knowledge.
I'm surprised the employer requested them to do so.

I hope your attorney is aggressive and would hope this time the law is on your side.





I'm anxious to hear what your attorneys response is.

 

[jennybird]

If they fired him with no reason that's one thing. But if they fire him for a specific reason which is viewed as "wrongful" they could be in trouble. It will depend on what their own written procedure is, whether or not there was an employment contract, etc.

At the very least, the search needs to be addressed. I don't see any reason why your weapon should have been confiscated for 72 hours. Is there some law about this that I'm unaware of?

An attorney is your best bet here.
Best of luck to you. Please keep us updated on this. It's an important topic to all of us.

 

[RCB]

Well,

1. they didn't have the right to search your vehicle, nor your possessions without a warrant.

2. While the gun is in your car, it is on YOUR property, not the company's.

You can't get them for wrongful termination, but you should be able to sue them over wrongful search and seizure. But, you need to make sure they didn't obtain a warrant.

I would definitely pursue this matter. I am willing to bet there are a few lawyers who can see some dollars out of it.

Something like this happened to me once, due to a nosey coworker. I didn't get fired, just wrote up. My boss was sympathetic though as he carried as well. I actually just put it in my car after that and had to leave and come back. But I was advised unofficially, that as long as it's in the car, locked it wasn't on company property, but private property and left it at that.

 

[jennybird]

Hey, if the attorney avenue doesn't work out, try calling Fox 59.

 

[bigus_D]

Is it possible that an actual crime has occured here. I mean the 'threat' made by the other employee, though indirect... does that constitute a crime? If so, is the handgun evidence?

I am very curious about this case and hope to hear an update once it is resolved.

p.s. To the original poster... You may want to hold off on releasing any more information to the world until you speak with your attorney.

 

[Denny347]

Nevermind

 

[jennybird]

Why do I feel like I've heard this story before? I'm having a huge deja-vu moment here. Was there another member here that posted something similar?