January 5, 2011

Packin’ heat at work – is it always employment misconduct?

Posted in Employee Handbooks, Firearams / Guns, Firearms / Guns, Firearms / Guns, Misconduct, Unemployment Benefits, Workplace Violence tagged , , , , , , at 10:20 am by Tom Jacobson

After Derek Schroeder was fired for bringing a gun to work, he applied for unemployment benefits. Not surprisingly, he was denied on the basis that he had committed employment misconduct. That outcome may seem predictable, but a closer look shows that had the facts been slightly different, Schroeder may have won his case.

Schroeder worked as a full-time casino investigator for the Mille Lacs Band of Ojibwe Indians.  He also worked as a part-time police officer for the Mille Lacs Tribal Police Department. One evening, Schroeder needed to attend training for his police job after his investigator job. He was required to bring his handgun to the training. Rather than leave his gun at home or in his car, he put it in a duffel bag which he brought into the casino.  During his shift at the casino, he showed the gun to a co-worker.

The Minnesota Court of Appeals declared this to be misconduct for two reasons. First, the employer had a policy which expressly prohibited the possession of firearms in the workplace. Thus, by bringing a gun to work, the court said Schroeder committed misconduct by knowingly violating a reasonable employment policy. Second, the Court noted that by bringing the handgun to work and displaying it, Schroeder committed employment misconduct by creating a safety risk which was the reasonable basis for the employer’s no-guns policy.

Key to the Court’s decision was the fact that the employer had a policy prohibiting the possession of firearms at work. The Court also noted that Schroeder displayed the gun to a co-worker.  Had the company not had the policy, or had Schroeder kept the gun concealed in his bag, perhaps the outcome would have been different.  The case points out that well-drafted policies help define employment misconduct — even when it seems obvious.

If you have any questions about this post, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.
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