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

[japartridge]

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

umm no, in Indiana only 1 party needs to be aware of the recording...

 

[LPMan59]

This is important.

Never never never say why you are firing someone. It can't help anything, and it just sets you up for issues.

Your reason is always that chose to at your own will, end of story. No explanation to anyone about why you fired a particular person.

that's a great way get a discrimination lawsuit filed against you if said employee falls into a protected category. this is why most companies have formal policies that involve warnings, both verbal and written, in place prior to termination. Obviously this doesn't include extreme circumstances and gross negligence such as coming to work drunk, getting into a fistfight with a customer, etc

Being an "at will" state only means that certain employees can be fired without cause.

 

[dom1104]

Well ideally I get enough to cover the attorney fee's, and keep my family afloat till another job presents its self.


My goal though is to cover my attorney's fee's, and ideally prevent said company from doing this to another employee,

 

[japartridge]

From Bill 411:

"Sec. 9. Notwithstanding section 6 of this chapter, this chapter does not prohibit a public or privateemployer from: (1) regulating or prohibiting the possession or carrying of a firearm by an employee during and in the course of the duties of the employee on behalf of the employer or while on the property of the employer; "

The way I read this is that if your vehicle is parked on company property, the company can prohibit you from keeping a firearm in your vehicle. Is keeping it in your car considered "carrying"? Or am I totally off base?

Nope, they cannot even ask you about any firearms in your vehicle. They can restrict you from carrying on your person while working, but nothing else.

 

[littletommy]

Oh you set him up for that! Well done, sir, well done.

 

[SaintsNSinners]

I have a meeting Friday @1330 hrs with an attorney on the northside. He is very interested in the case and is glad I have a copy of that email and phone conversation.

 

[dom1104]

Oh you set him up for that! Well done, sir, well done.

 

[downzero]

tagged because this one is gonna be awesome

 

[SaintsNSinners]

And things get real interesting.... a Second Attorney has just called me back and aplogized for the abruptness and form letter from a paralegal.

 

[VidGuy]

Having it in his vehicle is not "carrying". From the same law, he can have it in his locked vehicle. His employer is not prohibited from telling him he cannot have it on his person while working.

I am interested to see where this goes.

Blessings,
Bill

Yet you need a License to Carry a Firearm in order to keep one in your car.

That's why I thought it might constitute "carrying".

 

[SaintsNSinners]

Her: Excludes Private Secure Facility (to someone in the hackground)That means private property

Me: that means Jails courthouses and juvenile facilities

Her: thats open to interpretation

 

[eldirector]

Yet you need a License to Carry a Firearm in order to keep one in your car.

That's why I thought it might constitute "carrying".

We are discussing a long gun (AR-15), not a handgun. No license required.

 

[VidGuy]

We are discussing a long gun (AR-15), not a handgun. No license required.

Ah, right. So if a handgun was in the glove box, would that be ok as well, as long as he has a LTCH?

Sorry to go off on a tangent, just looking for clarity...

 

[SaintsNSinners]

Ah, right. So if a handgun was in the glove box, would that be ok as well, as long as he has a LTCH?

Sorry to go off on a tangent, just looking for clarity...

I worked for an armed security company. I carr

Ah, right. So if a handgun was in the glove box, would that be ok as well, as long as he has a LTCH?

Sorry to go off on a tangent, just looking for clarity...

I worked for an armed security company. I carred a 40 caliber xdm for work.

ied a 40 caliber xdm for work. Up until this illegal policy came out I kept a locked ar15 out of sight stored in my locked vehicle.

 

[eldirector]

Ah, right. So if a handgun was in the glove box, would that be ok as well, as long as he has a LTCH?

Sorry to go off on a tangent, just looking for clarity...

Yep.

LTCH makes it legal for you to "carry" your handgun in your vehicle (just don't loan your car to someone that doesn't have their license).

IC 34-28-7 makes it illegal for an employer to fire you for doing the above (in most circumstances), and provides a method to seek restitution.

 

[jbrooks19]

Indiana is a "At will" employment state. But, that does not mean they can apply a rule like the one in your situation. I had a similar situation were i work and i pointed out the fact that an employer CAN NOT, tell you what you can posses in your vehicle while on company property, if you were to had brought it into your locker, now that would have been a different story. My store manager and I both have multiple firearms in our vehicles while at work and even though firearms are against our policy the cannot tell you that you cant have them in your vehicle. Period! Fight this. IMHO.

 

[RabbleRouser]

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.

while you can record a call all you like with only your consent, if the other party being recorded is not made aware of the fact they are being recorded then the recording is not admissible as evidence in either a civil or criminal court.

 

[SaintsNSinners]

Oh I am fighting it.

Here is another lovely snip it from the recorded conversation

Me: if you are running business you need to know this new law

Her: I dont need to know it I am married to a police officer and he knows the law

 

[RabbleRouser]

ok the questions I have that no one seems to have asked......how the heck did they know you had a rifle in your vehicle? and why was there a police report?

 

[eldirector]

Oh I am fighting it.

Here is another lovely snip it from the recorded conversation

Me: if you are running business you need to know this new law

Her: I dont need to know it I am married to a police officer and he knows the law

My co-workers are wondering why I just snorted......