September/October 2008 / Human Resources
Guns-at-Work Laws put Employers in Legal Crosshairs
Florida recently joined a handful of other states in passing a law that expands the rights of workers to possess firerarms. Florida’s law allows employees to keep guns locked in their vehicles even when on company property.
The author, an NRA member, considers these laws ill-advised on public and employee-safety grounds, as well as a weakening of the at-will doctrine and a significant threat, legally speaking, to employers. Although most guns-at-work laws protect employers from liability in case of violence involving guns lawfully stored in employee vehicles, they don’t protect against ancillary claims, such as negligent hiring and negligent supervision of employees. In Florida, employers may be subject to such lawsuits even though they are prohibited from asking whether a prospective employee has a concealed weapons permit or guns in his car.
State laws differ, and employers conducting business in states where they exist must understand the nuances of compliance, the author says. At the same time, they can address the issue by such measures as pre-employment background checks and written company policies designed to defuse conflicts when possible and, if not, provide for timely notification of authorities.