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SoutherDem

(2,307 posts)
Mon Aug 26, 2013, 06:37 PM Aug 2013

When should one's rights end and the employers rights begin?

Yesterday I read a post where a pizza delivery person was held up, defended himself but would most likely be fired because it was company policy not to carry a weapon while delivering pizzas. If he didn't have a gun he might be dead or wounded. At the very least he would have been robbed of the money from the deliveries he just made. Would the employer then require him to pay the stolen money back?

I guess a department store not allowing their employees to carry a gun while at work is understandable (even though they don't restrict their customers from bringing a gun in their store). But, what about those who work off property, delivering or servicing customers?

Follow the policy and possibly get killed. Defend yourself and get fired.

Should the employer be allowed to tell a person what they can have on their body, even if they are following all State and Federal laws? When you are on the clock are you the property of the employer?

13 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
When should one's rights end and the employers rights begin? (Original Post) SoutherDem Aug 2013 OP
2 sides for the employer. safeinOhio Aug 2013 #1
I understand the liability issue with the employer SoutherDem Aug 2013 #3
The first place I worked employed mostly safeinOhio Aug 2013 #5
But, what about working on property not owned by the employer SoutherDem Aug 2013 #7
Nope safeinOhio Aug 2013 #11
This message was self-deleted by its author Adam051188 Aug 2013 #2
people have rights discntnt_irny_srcsm Aug 2013 #4
The employer's property rights ends gejohnston Aug 2013 #6
Do you think the delivery driver should have been able to carry a weapon while delivering pizzas? Jenoch Aug 2013 #8
Yes I do gejohnston Aug 2013 #10
If I was a delivery driver in a dangerous area Jenoch Aug 2013 #12
I used to work for a company that produced Jenoch Aug 2013 #9
Mixed bag on this one. HolyMoley Aug 2013 #13

safeinOhio

(32,658 posts)
1. 2 sides for the employer.
Mon Aug 26, 2013, 06:47 PM
Aug 2013

Legal responsibility if employ accidentally shoots a bystander or an innocent person gets shot in cross fire. Employ has the right to not work there. I worked in a dangerous place and quit. Found a much better, higher paying job with a company that had no problem with and encourages employes to carry, if legal.

SoutherDem

(2,307 posts)
3. I understand the liability issue with the employer
Mon Aug 26, 2013, 07:01 PM
Aug 2013

I too have worked with an employer who encouraged carrying a weapon while at work. But, isn't there a liability to the employer if they place an employee in a dangerous situation and they get killed? If the employee is just seriously wounded is the employer responsible for all medical bills?

I know of a company who their official policy is no weapons but they overlook employees who do carry while at work, of course I am sure once someone actually defends themselves they will drop them like a hot potato.

safeinOhio

(32,658 posts)
5. The first place I worked employed mostly
Mon Aug 26, 2013, 07:22 PM
Aug 2013

teens and young adults. Everyone that works where I do now are over 60. I think that may be part of it. Also the first place was a very large oil company and only cared about profits. After the store was stuck up one night, I talked to a cop about what kind of security the store needed. More lights, better locks and rearranging the shelfs. I brought this up to the regional manager and she said the company could not afford it. I asked her if the company could afford the law suits if either of us midnight shift workers where harmed now that they know the problem. She just shrugged her shoulders. I quit a few weeks later. The business where I work now listen to my security suggestions because the family that owns it cares about it's workers. They have installed more lights and cameras, on my suggestion, they now have security codes, or words, used on the loud speaker to let all employs know if there is any danger. They also have me walk the ladies to their cars at closing in the winter when it is dark outside and check the lot all year long at closing before anyone leaves. I know where I would rather shop.

SoutherDem

(2,307 posts)
7. But, what about working on property not owned by the employer
Mon Aug 26, 2013, 07:37 PM
Aug 2013

like the delivery person or service person. One customer may be well lit and in a very safe location, the other may be in a bad location and poorly lit (they seem to go together) in other words the employer has no control over the situation they are sending their employees into other than giving up business which won't happen.

Doesn't or shouldn't an employee have the right to defend themselves? Should the only real protection be quitting?

safeinOhio

(32,658 posts)
11. Nope
Mon Aug 26, 2013, 09:44 PM
Aug 2013

If you feel like you are in danger, do what ever you think you need to do. you'll only get fired if you have to defend yourself. not too many jobs are worth your life. Me, I'd quit first.

Response to SoutherDem (Original post)

gejohnston

(17,502 posts)
6. The employer's property rights ends
Mon Aug 26, 2013, 07:34 PM
Aug 2013

at my car door. Carrying while in the kitchen is one thing, having a pistol in the car where I can get it when needed is another.
Human and individual rights should always trump property and corporations.

 

Jenoch

(7,720 posts)
8. Do you think the delivery driver should have been able to carry a weapon while delivering pizzas?
Mon Aug 26, 2013, 09:08 PM
Aug 2013

While I think the driver should have that option, I also realize the pizza company can have a rule saying their drivers cannot carry guns while working for them. It's catch 22 workers' rights vs. employer rights'.

 

Jenoch

(7,720 posts)
12. If I was a delivery driver in a dangerous area
Mon Aug 26, 2013, 09:52 PM
Aug 2013

I'd get a CCW and defy company policy and carry. However, I also understand the company liability issues. There is less liabilty for them if their driver is injured or killed than if the driver injures or kills someone that is deemed not to be breaking the law, ie. attempting robbery.

 

Jenoch

(7,720 posts)
9. I used to work for a company that produced
Mon Aug 26, 2013, 09:13 PM
Aug 2013

a lot of outdoors type videos. Since I was the only person in the office with a lot of outdoor recreation experience I was called upon by many of the staff for help in pre-production, post-production, and writing. (I had my own projects in other areas of the company I was working on.) Anyway, none of the others in the office had not only ever shot a gun, they had never seen one or held a gun. So one day, I brought a handgun to the office just so they could take a look at it. The reaction I got was interesting. Most of them had a reaction like "dude, is that even legal to have here"? (The office was in downtown Minneapolis.)

 

HolyMoley

(240 posts)
13. Mixed bag on this one.
Mon Aug 26, 2013, 10:40 PM
Aug 2013

Barring any state or local laws, as a condition of employment, an employer should have the right to prohibit their employees from possessing and/or carrying a firearm in the workplace or property or during the performance of their work related duties.

Any potential employee should be made aware of any such policy beforehand.
It is then up to that person to decide to accept those conditions or not. Or, decline the job and walk away.

However, if I as an employee, take a position and choose to ignore the rules, and if caught, then I have no one to blame but myself if fired.

And with regard to all this, a business, any business (especially those that are most susceptible to certain crimes), should have the option to decline or refuse their services to areas that pose the most risk to their employees, day or night.

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