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Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 16:32:34
by ShotgunBlast
A former Wells Fargo employee has filed a lawsuit in circuit court against the bank, contending the financial institution violated her constitutional rights when they fired her for carrying a concealed firearm at work.
Florida resident Ivette Ros, a former bank manager at Wells Fargo, claims she feels “naked” without her gun and says because she had a concealed carry permit it was unlawful for her employer to terminate her for carrying, the Tampa Tribune reported.
“I am within my constitutional right,” Ros reportedly said. “The bank is one of the places that I am able to carry a weapon to. My weapon was concealed. I have a certified license.”
http://www.theblaze.com/stories/2014/02 ... hes-suing/
Now I'm no Constitutional scholar like all those people on Capital Hill claim to be, but it was my impression that Constitutional rights are in place for your interaction with government agencies and should have no bearing when interacting with private entities. Just like how Rick can delete whatever he wants to on this forum, Wells Fargo sets the policies for their employees and they either agree to them or move on to other employment. In my eyes Constitutional rights do not trump private property rights. I don't see where this lady has a leg to stand on in court.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 17:07:58
by MarcSpaz
Is it a known policy that employees can't have weapons? If so, she's SOL. If its not published or otherwise told to her, she may have a case.
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Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 18:43:13
by Reverenddel
It's back to "Private Property Rights" vs "Second Amendment Rights", and the Private Property Rights are stronger.
Especially in VA where it's a Right to Work state.
HOWEVER! If she were working for the STATE, she'd have the right to keep it in her VEHICLE!
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 19:00:33
by FiremanBob
The big question is whether the company had a no-gun policy in place while she was employed there. Until we have this fact it's hard to make a judgment.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 19:34:37
by SHMIV
According to the article, it seems they did have a no gun policy in place.
I support the right of the bank to let her go.
I also support anyone who sees fit to boycott the bank.
Can't support the lawsuit, though.
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Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 22 Feb 2014 23:02:17
by MarcSpaz
Yea, like I said... If she was aware of the policy, chose to work there and violate the policy... I can't get behind that either.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 23 Feb 2014 00:37:12
by SHMIV
I have to abide by the same anti-gun policy. It sucks and I hate it, but I need to work. Life ain't fair. It is what it is. In my line of work though, it has more to do with varying state laws than with the company.
To be clear, I find the policy of Wells-Fargo to be foolish and short sighted. But, just like I support the right of drug addicts to self destruct, I have to support the right of a bank to foolishly ban firearms from on duty employees.
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Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 23 Feb 2014 08:47:19
by trailrunner
I have a strict no-guns policy where I work. Not only that, it would be a serious crime for me to carry my gun at work.
As the Reverend pointed out, the fundamental issue here is private property rights versus second amendment rights. I see both sides to this issue. I do not think that she will win the lawsuit.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 23 Feb 2014 12:30:42
by Reverenddel
Exactly... until we have a legislative body, and executive branch that says PRIVATE companies have to respect PRIVATE PROPERTY owned by employees!
They own my soul, not my vehicle! HAHAH
At this point? We don't have any decent banks that pay interest, respect gunowners, or act in good faith... (shrugs) And considering how dismal the interests rates have become? You'd be better off just buying precious metals, and burying them. HAHAHA
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 23 Feb 2014 12:37:14
by SHMIV
No, she won't win.
She shouldn't win. This case should really confound the powers that be. On one hand, here is a prime opportunity for gub'mint to insert themselves into private affairs (where they clearly want to be, and where they more clearly oughtn't be) but on the other hand, doing so would be an endorsement of private gun ownership.
Maybe I'm overtired from driving all night, but I kinda find that a little humorous.
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Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 23 Feb 2014 18:21:32
by mamabearCali
yeah it stinks....Chris has that at work too. What can you do? She is probably SOL.
Anyway. I understand her need to be safe, but if you choose to disobey your employer and you get found out...well you gotta expect to be fired.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sat, 08 Mar 2014 13:57:56
by newdovo
When the Wachovia Bank branches where I live became Wells-Fargo, "no guns" signs on the front door were part of the new look. It's part of why we switched banks.
The article stated that she was a "bank manager", which I suppose means at a branch. She would have walked past a "no guns" sign every morning.
Re: Fired For Carrying a Weapon to Work Violating Company Policy
Posted: Sun, 09 Mar 2014 00:53:23
by MarcSpaz
I don't know if this is still the case, but about a year ago the number one and two self defense situations were a nighttime ambush at a gas station/convenient store parking lot or a mall parking lot. The number 3 location was at a bank parking lot and/or outdoor ATM.
Over the past few years, I have stopped going to the mall, bank and gas station unless I was armed.