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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer just sent an email that gives me till MOnday to

Customer Question

my employer just sent an email that gives me till MOnday to sign a new policy which blantly infringes my second amendment right. If I do not sign it I risk termination. I work from my home and use my personal vehicle for my job, I am a salaried manager. The policy states in a nut shell that no weapons or any sort may the be for attack or defense shall be on my persons in my personal vehicle or any place the company deems an "office". If they are found it would mean immediate termination. There is also a section on search where they have the right to search these places at will. If I refuse the search I will be terminated. I travel and work from my home this is where I have issue. According to the way the policy reads the mace I keep on my keychain would be considered a violation of this policy and I would be terminated. I work at gas stations and they are not all in the safest of locations, not to mention my home would be deemed an "office". My husband is a hunter we have several guns in our home. HELP. I DONT WANT TO BE A MUSHROOM AND JUST SIGN AWAY MY RIGHTS.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, the 2nd Amendment only prohibits the government from infringing on your right to bear arms. It has no relevance in a private employment setting. This means employers are free to implement policies against weapons in the workplace. The 4th Amendment (protection against unreasonable searches) has been held to apply to a LIMITED extent in private employment, meaning that there are some limits on an employer's ability to search employees. Workspaces and "offices" are always going to be subject to search because those places are company property and there is no reasonable expectation of privacy when you are on company property unless you are in a bathroom or locker room. Searches of your person are also permissible.

The only grey area is a search of your private vehicle. If the vehicle is just a vehicle that you use to commute to work, and you are not driving it "on the job" or for a work purpose, it is most likely a 4th Amendment violation to search the vehicle. The question then becomes, do you want to trade your job for a lawsuit by refusing to sign the agreement? Lawsuits are expensive and time consuming and a search of your private vehicle gives rise to only a borderline claim. If it were me I would express my concerns to my employer about this being an invasion of privacy and a 4th Amendment issue, but ultimately, if they were going to condition my employment on signing it, I would sign it. To me, the alternative is just not worth pushing the issue. It's a "pick your battles" rationalization.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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