isn't Indiana an employment-at-will state? they don't need a reason to fire you.
Regulation of employees firearms and ammunition by employers.
I'm fairly new to Indiana. My employer is refusing to honor this state law. The reason cited (in writing) is liability. Is there any point in pursuing legal action? I'm assuming that the best case scenerio is that I would win the case and be allowed to store my firearm in my locked vehicle, however, my employer would find a reason to fire me in the mean time. Is the employer subject to any criminal or civil liability for not following the law?
Thanks in advance to anyone who can provide advice in this matter.
IC 34-28-7-3
Civil actions
Sec. 3. (a) An individual who believes that the individual has been harmed by a violation of section 2 of this chapter may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter.
As added by P.L.90-2010, SEC.7.
... you could not carry on their bus!
Then that would be no different than conceal carrying on their property.
You mean like in your pocket? Like I said, stupid law.The difference I see is that CC would involve importing a gun into their place of business and making it readily accessible. Conversely, inside my car, these conditions have not been met. I see the attempt at dictating what I may or may not have in my car as not far removed from an employer trying to dictate what I may or may not have in any other property of mine.
You mean like in your pocket? Like I said, stupid law.
And like BOR said you get one stupid law like this to protect certain individuals rights while trampling others rights and you end up with smoking bans on personal property.
Thanks for supporting the second amendment, but you're fired because you like glock instead of XD. That is all.
@OP how does your boss know about your firearm. Locked out of sight, is locked out of sight. Unless you go telling everyone, nobody will know. Our company policy states no weapons on company property. It was written before the law, and never updated. AFAIK none of us employees has ever asked them to update it. They would probably say "only if you pay for the paper and ink, I'm not making new employee handbooks just for that"
Corporate policy is no guns on company property period. However, employees may contact senior management in writing to ask for an exception to the policy. I followed this procedure and was denied.
Here is the next subsection to the statute you cited. It answers your question.
Hope this helps.
Regulation of employees firearms and ammunition by employers.
I'm fairly new to Indiana. My employer is refusing to honor this state law. The reason cited (in writing) is liability. Is there any point in pursuing legal action? I'm assuming that the best case scenerio is that I would win the case and be allowed to store my firearm in my locked vehicle, however, my employer would find a reason to fire me in the mean time. Is the employer subject to any criminal or civil liability for not following the law?
Thanks in advance to anyone who can provide advice in this matter.
two things
1) why do they even know you have a firearm in the first place? if you hadn't told them they would have never known it was in your car.
2) in Indiana they don't have to look for a reason to fire you, this is an "at will" state so they can fire you for any reason they see fit or for no reason at all.