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Posted

I have been looking through the TN State Statutes for an answer to this question but I can't seem to find anything. In the policies and procedures handbook for my workplace it specifically states that we are not allowed to bring firearms on company property. Per TN Code Ann. § 39-17-1359 (b)(1) "Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted." Would I be in jeopardy of losing my job if I did carry to work or would I be covered under the statute due to not having any notice posted? Also, the building we work in is not owned by the company I work for, they rent a suite. 

 

Posted
16 minutes ago, RyanB83 said:

I have been looking through the TN State Statutes for an answer to this question but I can't seem to find anything. In the policies and procedures handbook for my workplace it specifically states that we are not allowed to bring firearms on company property. Per TN Code Ann. § 39-17-1359 (b)(1) "Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted." Would I be in jeopardy of losing my job if I did carry to work or would I be covered under the statute due to not having any notice posted? Also, the building we work in is not owned by the company I work for, they rent a suite. 

 

In TN, you can be fired for breaking company rules.  Unless you are seeking to push the issue, and ready to lose your job, I would not do it.  I work on Fort Campbell, and am also disarmed, but I like my job so..

  • Like 1
Posted (edited)

Tennessee is an “employment at will” state; they don’t need a reason to fire you. Unless you have an employment contact that spells that out.

Carrying a gun in this state is a privilege you buy from the state; not a right. So no, you won’t find anything in the law to protect you from getting fired for violating your companies policies.

That statute is a requirement for arrest under criminal law. Your company is not subject to it.

Edited by DaveTN
  • Like 4
Posted

Company policy for employees is your 'law'.  Even though in most circumstances you can store your firearm in your vehicle legally, your company may fire you for not combing your hair; just the way it is.  The law you posted has no protection for you choosing to carry on company property/facility.

  • Like 1
Posted

What Dave said, employment is "At will" and that means either party. You can quit for no reason and they can fire you for no reason. The difference in your case is that if they cite no reason for your termination then they must pay unemployment. If they cite that you broke a company rule that you were properly warned about then they don't have to pay unemployment.

  • Moderators
Posted

You couldn't be criminally prosecuted for carrying at work, unless your employer specifically meets "posting" requirements. You could be fired for carrying, you could technically even be fired because they thought you carried in the past, or even because you had a Glock poster in your office or posted a photo of you shooting at the range to Instagram.

The kicker...is that you likely would never find out "why" they fired you, other than the fact that they fired you.

That  is what "At will" means. In my opinion, that's exactly how it should be in the United States. A private company should be able to conduct business however it wishes, in my opinion.

  • Like 2
Posted

That's what I figured I just needed someone else to clarify. I keep it in my car but in the off chance that there was a loop hole there, I thought it could be worth a try. 

Posted

Although our rights in Florida are being quickly eroded, this is one area where a good statute was passed.  It became illegal several years ago for an employer to terminate or otherwise punish an employee for having a securely encased firearm in their personally owned vehicle on company property.  The municipality I work for had to change their policy and the employee manual when the statute was enacted.  Even on school grounds and colleges a firearm may be kept securely encased in the vehicle.

Of course places Federally restricted such as the Kennedy Space Center, certain seaports and post office property is still forbidden.  The theme parks also have a unique loophole allowing them to be outside of following that statute.  It has something to do with the pyrotechnics they keep on property.  An employee can be terminated for having a firearm in their vehicle while at the theme park.  Guests can be and have been trespassed from the theme park property including guests staying at the Disney resort hotels or shopping in Downtown Disney.

Posted
1 hour ago, billyblazes said:

Although our rights in Florida are being quickly eroded, this is one area where a good statute was passed.  It became illegal several years ago for an employer to terminate or otherwise punish an employee for having a securely encased firearm in their personally owned vehicle on company property. 

Just because it’s good for someone that wants to carry; its not a good law. It’s a thug government.

Florida, like Tennessee, does not recognize the 2nd amendment as an individual right. Therefore; they don’t (or shouldn’t) have squat to say about how a private individual, or a private business allows gun possession on their property.

Of course the whole thing with firing people is that once an owner or manager wants to fire someone; they can. If a law is in place, they just don’t give that as a reason.

My first question on these type cases is “How did a gun secured in a vehicle become an issue?”

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