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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15463
Experience:  Employment/Labor Law Litigation
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I live in Indiana and in 2010 a law was passed that allows

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I live in Indiana and in 2010 a law was passed that allows employees to keep concealed firearms in their locked vehicles.My employer has not amended the employee handbook to comply with this law and after inquiring about this it seems they have no intention of doing so.I am under the impression from other research I have done that it is illegal for them to threaten retalliation for doing so even if it is only in the form of writing in the handbook.Is this an issue that may need to be resolved with a lawsuit?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

The problem with that sort of lawsuit is that, until you show them actually enforcing the rule in a way that deprives people of their rights, the court may hold the lawsuit as moot.

 

Courts don't like hearing cases concerning rules that might be broken. They want to deal with cases where rules are being broken.

 

So really, if a lawsuit is the route you'd be willing to take, break their rule. They will then either have to admit that the rule is not being enforced or they'll have to try and enforce it, and then you've got the fact that makes your case real rather than speculative.

 

I hate that that is how you have to do things, but courts haven't been into making declaratory judgments for a long time.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15463
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you

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