Guns in the workplace

[Guest fivestarslarry1997]

Just wanted to see what other gun enthusiasts thought about my situation?;I was recently fired by "Kelly Services" a temp agency i was working for. I have a valid CCW for Tennessee ,but Kelly Services has a no weapons policy, yes i was aware of their policy. Well one day i was running late to work so as soon as i pulled into the parking lot I had to jump out of the car and go in for fear of being late.I have been carrying for 10+ years its like putting on a sock in the morning. Well i forgot my handgun was in my back pocket a small Jimenez arms 380. As soon as i realized i had brought it in i told a supervisor what had happened. He handled the situation in a professional maner as to not cause an unnecessary scene , i was escorted outside with security, all the while my handgun in my back pocket. I was told to take the gun home and leave it there and to come back to work.On my way back to work I received a phone phone call from a "Kelly Services" rep who said I was fired for misconduct.I had a perfect attendance record and never had any disciplinary actions against me. Now I am out of work and filled for unemployment and was denied because I was fired for misconduct. In my opinion I don't think that exercising my right to bear arms should disqualify me for being able to collect unemployment? What do you think?

PS: The place that I was working at was closing down and I was going to be laid off in 3-4 weeks longer anyways so this may be "Kelly Services" way of not having to deal with my unemployment in my opinion.

[Guest bkelm18]

Just wanted to see what other gun enthusiasts thought about my situation?;I was recently fired by "Kelly Services" a temp agency i was working for. I have a valid CCW for Tennessee ,but Kelly Services has a no weapons policy, yes i was aware of their policy. Well one day i was running late to work so as soon as i pulled into the parking lot I had to jump out of the car and go in for fear of being late.I have been carrying for 10+ years its like putting on a sock in the morning. Well i forgot my handgun was in my back pocket a small Jimenez arms 380. As soon as i realized i had brought it in i told a supervisor what had happened. He handled the situation in a professional maner as to not cause an unnecessary scene , i was escorted outside with security, all the while my handgun in my back pocket. I was told to take the gun home and leave it there and to come back to work.On my way back to work I received a phone phone call from a "Kelly Services" rep who said I was fired for misconduct.I had a perfect attendance record and never had any disciplinary actions against me. Now I am out of work and filled for unemployment and was denied because I was fired for misconduct. In my opinion I don't think that exercising my right to bear arms should disqualify me for being able to collect unemployment? What do you think?

PS: The place that I was working at was closing down and I was going to be laid off in 3-4 weeks longer anyways so this may be "Kelly Services" way of not having to deal with my unemployment in my opinion.

Well your first mistake was notifying your supervisor instead of just going back to your car. Secondly, you knew it was against the rules, so you can't really be upset with anything. Your right to bear arms is not preventing you from collecting unemployment. The fact you were fired for violating company policy (aka misconduct) is preventing you from collecting benefits. I know it sucks and I feel for ya, but you should have been more responsible knowing your company's stance on weapons.

Edited July 29, 2011 by bkelm18

[TGO David]

Should have kept your mouth shut and returned it to your car at the earliest convenient time. Being honest doesnt pay in cases like this.

No good deed will ever go unpunished.

[Garufa]

Well your first mistake was notifying your supervisor instead of just going back to your car. Secondly, you knew it was against the rules, so you can't really be upset with anything. Your right to bear arms is not preventing you from collecting unemployment. The fact you were fired for violating company policy (aka misconduct) is preventing you from collecting benefits. I know it sucks and I feel for ya, but you should have been more responsible knowing your companies stance on weapons.

This sums it up very well.

[DaveTN]

I think it’s too bad you had to lose your job over it. The state of Tennessee nor the Federal government recognizes a right to carry a gun to work, or anyplace else. I got arrested for carrying a gun I my car. I thought it was my right and I thought I would take it all the way to the Supreme Court of the United States. I was young and dumb.

Carrying a gun and pulling a gun is a lot of responsibility and there are plenty of people that will make a big deal out of anything you do wrong.

I would appeal the decision on your unemployment; I think you will come out okay unless you have been warned about this before.

Good luck.

[Guest Sgt. Joe]

It is obviously too late now but I agree with those who have said that you should have just kept quiet and went back to your car.

But at the same time it seems that since they told you to take it home and then return to work that they dont even allow you to even have a weapon in your car while at work.

From what you wrote it seems to me that you had been leaving the gun in your car anyway. I am not saying that is the case, it just sounds that way to me. I also would not blame you if that is what you were doing but if so you had to know that it was against their policy.

I do think that it is stupid to not let employees leave their weapons in their vehicles while at work but for now that is what the law says that companies can do here in TN. Hopefully we can get that changed at some point but until we do we must all follow the law or be prepared to pay the consequences if we are caught.

I do feel for you friend, you were only trying to do the right thing and got nailed for it and that stinks.

[Defender]

Definitely appeal the decision on unemployment benefits. make sure you do so within the deadline they gave you. While you are waiting for the appeal hearing date, continue to certify each week that you are still unemployed. If the decision is overturned, they will pay you from the date you filed your initial claim.

I think it’s too bad you had to lose your job over it. The state of Tennessee nor the Federal government recognizes a right to carry a gun to work, or anyplace else. I got arrested for carrying a gun I my car. I thought it was my right and I thought I would take it all the way to the Supreme Court of the United States. I was young and dumb.

Carrying a gun and pulling a gun is a lot of responsibility and there are plenty of people that will make a big deal out of anything you do wrong.

I would appeal the decision on your unemployment; I think you will come out okay unless you have been warned about this before.

Good luck.

[Garufa]

But at the same time it seems that since they told you to take it home and then return to work that they dont even allow you to even have a weapon in your car while at work.

Pretty sure he was told to take it home so the firing could be done in the bravest of ways...over the phone. I'm sure some corporate human resource ninny was reading from the book on avoiding confrontation with an armed individual.

[Guest bkelm18]

Pretty sure he was told to take it home so the firing could be done in the bravest of ways...over the phone. I'm sure some corporate human resource ninny was reading from the book on avoiding confrontation with an armed individual.

Bingo. They're not going to fire someone with a gun in person. They'll wait til you're off property to drop the bomb.

[Guest fivestarslarry1997]

Ya i would have walked out without telling anyone but the funny thing is when i was working for this company they had metal detectors you had to walk through anytime you left the production floor (To prevent theft from the company) , now after my incident employees are now required to walk through at all times coming and going (to prevent theft from the company) and just recently (to have the safety of employees in mind) I am not upset at all about being fired from the company although I do think its kind of Anal! but i don't think its right to not be able to get unemployment benefits for an honest accident.

[Guest eyebedam]

Should have kept your mouth shut and returned it to your car at the earliest convenient time. Being honest doesnt pay in cases like this.

No good deed will ever go unpunished.

This sums it up the best. You couldve just ran back to the car & been done with it, or if your in a situation to have to ask permission, hey man I left my wallet in the car or something like that. No way in the world I would ever tell my employer if I had my gun in my pocket.

[Links2k]

Well your first mistake was notifying your supervisor instead of just going back to your car.

First and worst mistake. I am certain that I broke some type of land speed record the day that I accidently carried my pistol into work. I would have been terminated with no questions asked. Now it's second nature to put my pistol in the safe before leaving my vehicle.

[TGO David]

I've inadvertently done it before at a past job. Ended up carrying my PM9 around in my pocket all day as a result of being unable to discretely go back to my car and getting run-over with work to do. No one was any the wiser. This is just one of many reasons why I preach discrete concealed carry. If you're doing it right -- and barring metal detectors or strip searches -- no one should be able to tell from looking at you.

I'm not advocating carrying in places that by law you should not. I'm just saying that sometimes we are, by virtue of our desire to play by the rules and be good citizens, our own worst enemy when it comes to matters of discretion. Gun owners do it all the time: tatting on themselves, self-consciously tugging at our cover garments thinking that the whole world can see our sidearms, etc. We need to put common sense ahead of this odd society-taught behavior.

But I digress.

[JeffL]

I would have fired you for carrying a Jiminez too.

[TGO David]

I would have fired you for carrying a Jiminez too.

"And come back when you get a real gun!"

[Guest db99wj]

I would have fired you for carrying a Jiminez too.

Man, that is what I was going to say, kept reading, thinking no one has called him out on this yet?!?, but there you are!

Man that sucks, hate that you got fired over it, but as others have said, discretion is key.

[daddyo]

Should have kept your mouth shut and returned it to your car at the earliest convenient time. Being honest doesnt pay in cases like this.

No good deed will ever go unpunished.

THIS ^^^^^^^^^^^

[R_Bert]

Appealing the loss of unemployment benefits will likely be futile.

TN employment codes are tipped very much in favor of the employer, and I bet the tribunal would be very biased against you, particularly in a termination for cause involving a firearm.

Move on, use the time (& lawyer fees) to conduct a new job search

[TGO David]

Appealing the loss of unemployment benefits will likely be futile.

TN employment codes are tipped very much in favor of the employer, and I bet the tribunal would be very biased against you, particularly in a termination for cause involving a firearm.

Move on, use the time (& lawyer fees) to conduct a new job search

I would agree with this as well. Get together with another temporary agency and count your blessings, disguised as they might be. At least they didn't call the police, right? It's a learning experience.

[Guest clownsdd]

Yep, I've got to agree with the others, ya blew it.

As a permit holders, we must put ourselves to higher standards of awareness and responsibility or suffer the consequences.

[Guest fivestarslarry1997]

"I would have fired you for carrying a Jiminez too". ROFLMAO!

[Guest Tusculum]

Who here can honestly say "I owned a Jiminez and it was a piece of junk"? I dont own one but Ive shot a few and sold alot of them and other than one loaded chamber indicator failing Ive never had a problem with them. Just asking?

[TGO David]

Why is owning a piece of crap a prerequisite for being able to call it a piece of crap?