DECISIONPOINT THE DECISION (continued from page 23)
employees to store their firearms in their locked vehicles while at work. So, what are employers to do when it comes to weapons in to the workplace? Employers first must put in place a workplace violence prevention program that is tailored to their
workforce and work environments. No two workplaces are the same, thus there is no one-size-fits-all workplace violence policy or program. Second, where employers seek to prohibit weapons (including guns) from the workplace, their policies must be clear and unequivocal--but they must also be consistent with state law. Third, employers need to carefully consider all adverse employment actions that are related to the carrying of a concealed handgun or other weapon. While federal and state laws regarding self-defense do not create a right to ignore an employer‘s workplace violence and weapon prohibition policies, they may create a basis for liability where employers attempt to interfere with employee‘s private rights and non-employment related actions. For example, under Michigan law, an employer cannot prohibit employees from seeking a license or carrying a weapon. Interestingly, the court did not reach the issue of whether the Michigan concealed carry law‘s provision that allows an employer to prohibit licensed carriers from bringing guns into the workplace was constitutional, because the plaintiff in this case did not allege that he was fired for carrying the weapon--only for discharging it.
Finally, employers need to investigate and respond promptly to all complaints regarding potential workplace violence. In this case, the plaintiff claimed that he sought out the license and began carrying a handgun to work only after a previous robbery attempt and, what he argued, were ignored requests to improve safety conditions at the store. While employee training and improving physical security cannot prevent every act of violence, they can certainly go a long way toward reducing the likelihood of violence.
Hoven v. Walgreen Co., 2014 BL 152127, 6th Cir., No. 13-1011, 6/2/14
James L. Curtis
jcurtis@seyfarth.com 312.460.5815
Meagan Newman
mnewman@seyfarth.com 312.460.5968
View It! Tips for Surviving an Active Shooting Incident
A group of Alberta post-secondary education institutions have produced a short video that includes a dramatization of an active shooting scenario. The dramatization is supported by a voiceover and on-screen instructions. The instructions stress three courses of action: escaping when possible; hiding and barricading when necessary; and, as a final resort, using force against the assailant. ―The messages are blunt and the dramatization is intense,‖ says Stack. ―But we are speaking to an adult audience and we need to hold their attention while giving them vital information.‖
View the Video here Source: Campus Safety Magazine
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