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Weapons in the workplace
March 26, 2008
Q: Our company’s janitor told me that he was sweeping up the locker room when Tony, a 15-year local driver, opened his locker to get his jacket. The janitor said he saw a gun lying up on the top shelf. Can I open and search this employee’s locker? We have a policy against weapons in the workplace and we don't live in a state where there is a "concealed weapons" law. Our policy says we forbid weapons in the workplace.A: Your issue is serious. Since you live in a state where a concealed weapon is illegal, and there is suspicion of an illegal weapon in your workplace, you are now “on notice.” I would put the brakes on searching lockers. Since you own the lockers and they are certainly your property, you have the right to open them. I also hope you have issued the lock that can be found on any locker. That makes everything less complicated because you have the master key to open it. (Don’t let employees put their own lock on lockers.) However, the amendments to the U.S. Constitution place great emphasis on issues related to search and seizure. In the case you describe here, I would call the local law enforcement office and ask for assistance. Once you describe the circumstances, they will determine if they believe there is reasonable cause and, if so, they will conduct the search. Once law enforcement is involved, they will take over and you will be a spectator. In the circumstances you describe, being a spectator is exactly where you want to be.
Posted by Nancye Combs on March 26, 2008 | Comments (2)
In response to: Weapons in the workplace
David Nacey commented:
Whoa, take it easy, Ms. Combs! You have a 15 year driver. He wouldn't be a 15 year driver if he wasn't worth at least the benefit of the doubt. I wouldn't search the locker, either. But I wouldn't call the cops on the guy! What I would do is get everyone together for a general branch meeting, then at the end I would mention the relevant state law and company policy. I would then tell everyone that I reserve the right to search company property including lockers. Your driver would get the message in a way that doesn't single him out, and I'm sure he would appreciate the opportunity to stay out of trouble. Of course, if anything else indicates his continuing to flout the law after this, safety dictates pursuing the course you described. I think relationships and experienced employees that have been the frontline contact with your key customers for years are far more important than playing "gotcha" with a valuable team member. Now, for us "red staters" in flyover country, a few of us have state conceal and carry permitting laws that supersede any company policies. How should we get the message to our employees that, in spite of their constitutional rights, they should respect company policy and keep the weapons away from work, even in their locked personal vehicles?
In response to: Weapons in the workplace
Nancye Combs commented:
All employees are valuable and I appreciate your concern for not singling out an individual employee. However, we get just as many complaints from employees who ask why they are subject to these kind of vague general meetings when we are obviously directing the comments to one person. Employers have a huge liability and corrective action should be fast, firm, frank and fair. As for those employees who are in states with conceal and carry permit laws, I recommend that you remind employees that careless use of a weapon owned by them could drag them into the middle of a liability lawsuit. If a disgruntled employee sees or has access to a weapon owned by someone else, then uses it to commit a crime, the gun owner is now part of a problem that could be avoided. In other words, don't bring it to work and you don't have to to worry about it. In addition, I believe there are rights for those who own the property to prohibit weapons on the property. Ask your legal advisors about that.