GOING TO WAR. Fired in violation of Senate Bill 411 passing

[SaintsNSinners]

So Its official I am unemployed again.. But with ammo this time.

After playing 10 rounds of wheres waldo with the truth I was told I was fired because I keep an AR-15 secured in my truck.

Fun part is instead of saying I was fired for any other reason they quoted a Policy change they mailed out in July...


Here is the Policy Change:


"No employee other then police officers employed by XXX shall have, possess on their person or in their vehicle any rifle / shotgun while on duty. If you have any questions feel free to email me directly. If you feel that this an unreasonable rule then XXX will gladly accept your resignation. If I find that this rule is not being followed by employees or supervisors have knowledge of this violation then consider your job to be in jeopardy. This is a zero tolerance rule. All XXX employees shell respond acknowledging this email. Thank you. "


So it looks like I am going to war.. Now to figure out how much I need to pay Mr. Ciyou

 

[Mosinguy]

They can fire you for anything unfortunately

However, not sure they can legally make a policy like that with the new laws.

 

[9mmfan]

Wow, definitely get a good attorneys opinion. Keep up advised.

 

[SaintsNSinners]

Been intouch with Mr Ciyou he was very interested in the policy, Will also be contacting a Guy Relford? as well I was told he is great as well.

 

[Glock19]

You really dont have ground to stand on if you aknowledged the email like it says.

 

[bcskypilot]

"Indiana is an “at will” employment state. This means that Indiana law gives employers wide latitude with regard to employment actions. Employers may take many actions which are unfair, irrational or not based on good business practices, but these actions are often not illegal. Unfortunately, the gap between what is unfair and what is illegal is often quite great. However, federal, state, and some city laws prohibit discrimination and harassment of employees on the basis of:

- race;
- gender;
- national origin;
- religion;
- age (40 and older); and,
- disability."

 

[Archaic_Entity]

To all, he is referencing this:

Indiana Senate Bill 411

Read it. It specifically states they cannot fire him for having the rifle in his car/truck.

To OP. Contact Guy. And make sure you get all your documentation in order.

 

[Bunnykid68]

Indiana is an at will state if they do not mention why they fired you, if they tell you why you are fired and it conflicts with current law they have issues

 

[buckstopshere]

To all, he is referencing this:

Indiana Senate Bill 411

Read it. It specifically states they cannot fire him for having the rifle in his car/truck.

To OP. Contact Guy. And make sure you get all your documentation in order.

Exactly. It would be akin to firing him because of his creed or sexual orientation.

Did the other party know you were recording the phone conversation. Big no no if they were not made aware

 

[SaintsNSinners]

I did not acknowledge the email at all.


Listening to the recording again.....LMAO she even tried to rationalize an apartment complex as a Secure Facility. I have a feeling this is going to be expensive but rather humorous in the long run.



Buckstopshere

Its ok to record calls in indiana as long as one party to the call consents. I consented.

 

[Shwaisey]

Does SB 411 apply to customers on private property?
IE: IUPUI (indinapolis)

Also; does Fed law over rule this if a non-public employee were inside airport jurisdiction?

Sorry to threadjack

 

[xdmstu]

Slight correction...

The company does have the right to fire him. All Senate 411 does is set the initial boundaries allowing the employee to file a CIVIL SUIT based upon their decision to fire him.

This may be a large company who is willing to bear the cost of a lawsuit.

My wife is a former HR exec. She says you should file for your unemployment benefits. They must prove you were fired for "just cause" else you are entitled to your unemployment. This forces a lower court to make an initial ruling on whether the policy violation is "just cause." So it will be really interesting to see how this plays out in unemployment court, though it would not be directly correlated to a civil case.

Best o' luck.

 

[Steelman]

How did they find out about this "secured" AR-15?

 

[K_W]

Good luck. The law is on your side.

 

[rockhopper46038]

Did the other party know you were recording the phone conversation. Big no no if they were not made aware

One party knowledge is all that is needed in Indiana.

 

[SaintsNSinners]

Does SB 411 apply to customers on private property?
IE: IUPUI (indinapolis)

Also; does Fed law over rule this if a non-public employee were inside airport jurisdiction?

Sorry to threadjack

Schools make it as an exception to the rule as does the airport restrictions. But an airport cannot restrict an employee who does not park in a secure parking area.


Basically with airports you can have a weapon all the way to the TSA checkpoints.

 

[ssblair]

How did they find out about this "secured" AR-15?

This may be the 1st mistake right here. The fewer that know of and where your assets are, the better.

Best of luck on legal compensation, even if we dont know the details of what you or your employer do. Keep us posted.

Our company has a "no firearms on the premises" policy also and they have chosen not to revise their safety rules in light of the passage of said Act. They are playing the "lets not deal with it until we have to" game. I don't care to be the test case, so I keep my mouth shut about what's in my car. I don't need somebody breaking into my car looking for some iron or a nosy manager asking to take a look or anything. I don't have that kind of problematic adversarial relationship with my employer, fortunately, but thats no reason to kick a turd...

 

[perry]

Maybe you shouldn't be posting on the Internet about it?

 

[SaintsNSinners]

It was known because alot of of the company including the supervisors had all carried in their trucks, One had an elephant gun of some sorts a couple of AR's it was no big deal, I was even told by the guy whom hired me he didnt care, From time of the email to the firing I hadnt stored my AR in my truck out of respect that I liked my job and didnt mind it.

 

[ArmedProgrammer]

One party knowledge is all that is needed in Indiana.

Rockhopper is correct on this....