You have a responsibility as an employer to ensure the security of your workers and visitors. Different people view safety from different angles. If an employee works a late shift, having a weapon nearby may make them feel safer as they enter and exit the workplace, but other employees or customers may feel safer in a place of business where there are no weapons present.
You probably have concerns about having weapons on your property if you’re reading this article. Consequently, what can you do if an employee brings a weapon to work against your wishes? Although you may be able to discipline the employee in many situations, it’s crucial to understand your rights and responsibilities as an employer so you can limit your exposure to legal risk.
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Can I Fire An Employee Who Brought a Gun to Work?
Many states have “guns-at-work” laws that require employers to allow employees to leave guns in their locked vehicles parked in the employer’s parking lot. As long as the employee acted in accordance with the relevant state law, employers in these states are not allowed to fire workers for exercising their legal right to carry a gun to work. Whereas, in states without “guns-at-work” laws, employees may generally ban guns at work—even if stored in the employee’s vehicle parked in the employer’s lot—and may fire employees for violating such a ban.
States that have statutory guns-at-work laws covering private employers include: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, and Wisconsin are among the states that are included in this list.
States that do not have statutory guns-at-work laws covering private employers include: California, Colorado, Connecticut, Delaware, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, Washington, West Virginia, and Wyoming.
The Prevalence of Firearm Injuries
Injuries caused by firearms are common, which is a major issue in the US. 39,707 people died from firearm-related injuries in 2019, according to the Centers for Disease Control and Prevention (CDC). 20% of firearm injuries that require medical attention, according to the CDC, are unintentional. Aside from that, the annual financial toll of gun violence in this nation is in the tens of billions. The management of employee firearms in the workplace is a legitimate concern, in the end.
What Do Guns-at-work Laws Do?
Guns-at-work laws have a variety of goals, many of which are described in more detail below: they protect employees’ rights to keep firearms in their personal vehicles, even when they are parked in their employer’s parking lot; they restrict the ability of an employer to search vehicles on its property; they prohibit discrimination against gun owners; they allow employers to forbid weapons at work if they post the necessary notices; and they subject an employer to fines for breaking the laws’ restrictions. (Check for Can I Collect Unemployment If I Got Fired for My Attendance?)
Should You Be Concerned With Guns-at-work Laws?
While a number of states, including Tennessee (T.C.A. § 39-17-1313(b)), not all do. Without immunity, an employer who complies with these laws and permits an employee to bring a concealed firearm onto its property increases the risk of legal action. On the other hand, some states have civil and/or criminal penalties for employers who break the law regarding the use of firearms at work.
Laws for Safety in the Workplace
Let’s discuss your responsibility to ensure the safety of both visitors and employees now that you are aware of your general obligation to permit guns on your property. How you respond to a worker who brings a weapon to work can be influenced by your safety responsibilities.
Keeping Employees Safe
You must offer a secure, healthy workplace free from significant known hazards, as required by the federal Occupational Safety and Health Administration and the state of Maryland. Following a number of rules and filing injury reports on time are important parts of keeping your workplace safe. The security of your workplace may be compromised by the presence of firearms. For advice on how to run a safe and legal business as an employer if you’re worried about guns in the workplace, consult a knowledgeable attorney.
Keeping Visitors Safe
You might be held accountable for harm if a visitor to your establishment is shot by one of your employees. Premises liability law is one area of Maryland law that could make you legally responsible for a hazardous condition your employee causes. According to premises liability law, various groups of people are entitled to varying degrees of protection from harm occurring on your property. The group of people most relevant to this conversation are called “invitees.” An invitee is typically someone you let into your workplace for professional reasons if you’re an employer. You can be liable for injuries an invitee sustains at your workplace if the following happens:
- You fail to take reasonable and ordinary care to keep your workplace safe or
- You do not take reasonable precautions to keep the invitee safe from risks that are known to you but not to the invitee.
Clients, customers, freelancers, colleagues, or employees are all examples of invitees.
If you don’t carefully consider how to handle the gun issue in your workplace, you risk creating a hazardous situation that leaves you vulnerable to government action and civil lawsuits from visitors or employees. Even if a complaint results in a finding of innocence, the litigation process can be very draining on your finances and emotional stability.
What Can I Do to Minimize My Potential Liability?
Employers in states with gun-at-work laws can put in place and uphold a workplace violence policy that informs staff that making threats or using violence in the workplace is forbidden. The policy should: (1) be simple to read and understand; (2) list acts of violence (regardless of whether physical harm results), harassment, bullying, and intimidation that will not be tolerated; (3) forbid workers from carrying weapons on the job, unless doing so is permitted by state law; (4) establish procedures for reporting threats or acts of violence at the workplace; and (5) establish disciplinary procedures for employees who violate the company’s workplace violence policy.
Takeaway for Employers
Employers should maintain a written “guns-at-work” policy that explains whether, and in what specific scenarios (if any), firearms are permitted on company property. This policy should be prepared in consultation with counsel and should take into account any “guns-at-work” laws in states where the employer operates.
