Employer has no firearm policy

[Merc1138]

People need to get away from at-will state idea
It doesn't work as easily as suggested please quit acting like it does
As an example; this OP stated the company had a policy on just about everything, that likely includes disciplinary policies, which ultimately means its not at-will any longer
Please quit touting at-will idea, it's not as easy done/applied as said

Except that it is, and I've seen it happen at plenty of companies personally(not that I've been the one getting fired). The only issue is whether or not an unemployment claim can be filed.

[Tripper]

As long as they aren't firing you for being a certain ethnicity, religion, handicapped, woman/man/whatever, etc. you can be fired for just about any other reason in this state.

If you aren't giving them enough of a reason, employers will wait and build a case to fire you. Got back from lunch 30s late, took a company pen home on accident a week later, forgot to put the toilet seat down in the company restroom a month after that... bam, fired.

"We didn't like you" is a valid excuse to fire someone in CA. It's usually on one of those posters in a lunch room or some paperwork somewhere.

Get a lawyer in this case

Past practice almost always prevails

[Grumpyoldretiredcop]

I would not ask HR if it were me. No policy = no prohibition IMO.

[David2531]

People need to get away from at-will state idea
It doesn't work as easily as suggested please quit acting like it does
As an example; this OP stated the company had a policy on just about everything, that likely includes disciplinary policies, which ultimately means its not at-will any longer
Please quit touting at-will idea, it's not as easy done/applied as said

Your are 100% wrong unless he and his employer signed any other type of contract he can be be fired or quit AT WILL. The only thing those policies help the company or the employee with is if the person breaks the rules over and over they can be denied unemployment compensation. In other words if they fire him for legally carrying his gun and they did not have a policy against it he can still get unemployment.

[r3dn3ck]

Concealed means concealed, as in no one can see it. If you were to carry concealed at work how would anyone (besides you and all of us) even know about it?

can't read that enough times. +1

[winnre]

How would anyone know? Maybe in case I needed to use it?

We've all heard about pizza guys who get robbed, some carry guns, some even saved their own life, yet still get fired.

[Merc1138]

How would anyone know? Maybe in case I needed to use it?

We've all heard about pizza guys who get robbed, some carry guns, some even saved their own life, yet still get fired.

Also depends on how you're carrying it. Could end up having clothing shift and print, or have a shirt get snagged and actually expose it at your waistband.

Sure, you could probably get a lawyer involved and maybe even win a settlement... but then you're still out of a job. Getting your job back as the result of a court case... yeah I can't think of many reasons a work environment could end up more hostile than that.

[erik_26]

On what grounds? I have broken no law and they have no firearm policy.

Because unless you are union or under contract, they probably have a policy that stating that they are an 'at will' employer meaning you can quit anytime or they can fire you at any time.

I am not saying that you couldn't file a wrongful termination suite and possibly win.

[JagerDog]

Concealed means concealed, as in no one can see it. If you were to carry concealed at work how would anyone (besides you and all of us) even know about it?

^^^^^this. If the gun should somehow become exposed inadvertently, then you've all ready failed your CCW.

If you should NEED it? Then let the chips fall where they fall. The ol' judged by 12 vs. carried by 6 thang. If there's no policy against it, you could still be canned, but receive unenjoyment.

I'm with Librarian, that asking will likely institute a policy. That policy is likely to preclude having guns anywhere on the property, including the trunk of your car for a range run after work.

[toby]

Is it really worth the risk?............ NO!

[doug-y-doug]

Asking could result in a no firearms policy. If you really want to carry at work, get a baby .380 that you can fully conceal and a good pocket/wallet holster. Or get a small single stack 9 like the Kahr PM9, Keltec PF9 or Diamondback DB9 and appendix carry it in a good IWB holster.

[microwaveguy]

That policy is likely to preclude having guns anywhere on the property, including the trunk of your car for a range run after work.

Many employers are like that. I know of two where the first friend has to park on the street rather than the company lot to comply with the rule. The second is odd because the company has a no firearms policy but the CEO has a LTC and more than once the firearm has been seen when he takes his coat off.

[mes227]

Agreed. But with no policy in place I wonder what the de facto position is for any employer who does not address the issue? This can be things other than guns too that are not addressed, like can I bring my dog to work.

There's either a policy in place or there isn't. If there is a policy then it controls, to the extent it's legal, and it doesn't matter if the policy is in writing, oral, or simply "understood" from a clear pattern of behavior. But non written policies tend to be far more difficult - and legally expensive - to prove.

If you carry a gun to work and the company thinks there's a policy against it, they'll take action against you. If they fire you and are smart they won't cite a "no gun" policy unless they know they can firmly establish it exists (and any Calif jury is going to be in favor of such a policy); they'll cite the "at will" clause in their employment standards (unless you have an agreement to the contrary), which will make any redress on your part very difficult.

The other option is that, the first time they find out you're carrying, they'll realize there is no policy, send out a memo and then tell you to leave the next time you come armed (even the same day - policies can be effective instantly). If you fail to leave you'll be fired and charged with trespassing.

It's also quite possible its covered in the various labor laws covering your area of business. For example, it's against federal law to carry any firearm on any mining property (except for authorized security, LEO, etc) and so no mining company (or service company working on mines) needs a policy to make guns banned. Thousands of industries have their own special rules.

It's also possible they don't care, as long as it's legal. In which can you can ask HR now and get that cleared up. I co-owned a company with 500 people and we had no policy on guns because we didn't care, as long as it was legal. at least a dozen of us always had guns in our cars (in the company parking lot), I couldn't hazard a guess at how many were in briefcases, backpacks, or being CCWd. We also gave out pepper spray to our more vulnerable staff; and, again, we had no policy on that. About half of our work was in mining and our staff were required, by our policy, to obey all relevant laws as well are our client's policies when working on their properties. Which means that if one of our engineers went from out office to a mine site while carrying he'd not only be fired he or she would probably go to jail - even though our policy manual said not one word about firearms.

In short, if you want to keep the job then don't carry at work without clearing it with HR [if you worked for me and I didn't want you to carry and you did, have no doubt I'd fire you]. It's not your company, it's not your private property, and it's not your right to carry there without permission. If you don't care, then find a job you do care about.

[lear60man]

How would anyone know? Maybe in case I needed to use it?

We've all heard about pizza guys who get robbed, some carry guns, some even saved their own life, yet still get fired.

You can do whatever you want in life. Its just a matter of getting caught. How would you get caught? Your pant leg gets caught on your ankle holster, a co worker bumps into you in the elevator and feels the big Colt Python in your pants, your briefcase latch fails spilling the entire contents on the board room table. Here is how the scenario would likely go down: Suzy Secretary catches a glimpse of your weapon tucked into your waist (or where ever). She runs straight to your manager or HR. In all likely hood they will notify local PD that a man has brought a gun to work fearing a workplace shooting spree. At best, the PD will check to see if you have a CCW before dispatching. At worst, you will notice people missing from the office all of a sudden and be thinking, "Oh boy it's a surprise party for me, I hope a get a face cake!" Thats when you see 6 male stripper cops dressed very authentically. In the end you get out of the hand cuffs and are facing a room full of co workers who just had the crap scared out of them. You go into HR and they send you home. If you lived in TX,UT,AZ etc. most people are used to CCW and its common place. Not here in California.

[joepamjohn]

Do you work at a place where there is a real need to carry? Is the risk of getting canned worth the security of having a gun on you? I understand that there have been terrible things that have happened at work places but you need to factor the odds of that happening vs. getting canned.

It seems to me that the very fact that you are asking strangers in an internet forum and not your employer about an issue that may affect your employment and livelyhood proves that you already know the answer to your questions.