Can My Employer Search My Car

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You might want to have a discussion with the boss that she told. The conversation should be something along the lines of,

Opening
"I understand that something I told a formerly trusted co-worker in a confidential private conversation was repeated to you and others and there may be some misunderstanding as a result. I wanted to come and discuss this with you to make sure there is no problem."

Closing
"Thank-you. Next time I'll be more careful who I trust"


Basically this conversation needs to take place to make sure that the boss knows the facts and they also are aware that your co-worker cannot be trusted to keep her mouth shut on confidential matters. It will end her advancement and possibly her career at the company. Nobody wants someone working for them that cannot be trusted. You may also discover that the big boss doesn't care and that you are worrying for nothing. At a minimum you'll feel better knowing your side of things have been heard.
 
1971,
Yep, that's exactly what all my jobs do to me (contract engineer). They say that, "It looks good if you stay and finish the job...". Never mind that once I finish, i'm out of a job. They coulden't care one bit whatever happened to me once i've done their job.
Anyways good luck and don't work too hard, but be sure you take care of YOURESELF first. Cause nobody is doing if for you, especially not them. Be sure you tell your wife about anything you do though.

-bix
 
Use common sense!

This may be really obvious advice, which may be why no one's saying it.

Can they fire you? Sure, they can fire you for whatever they want. However, regardless of whether your backstabbing "friend" was promoted, etc, etc, you will probably have to give them reason to fire you. Unless you are a bad worker, some individual above you doesn't like you or REALLY doesn't like gun owners, or something...

You can probably talk your way out of it. Then regulations, ifs, ins and outs, and rights won't come into play.

Come on, just use some common sense.

"I mentioned to Coworker that I was a CHL holder. Apparently she assumed I keep a gun in my car at all times. I understand that could frighten her, but I do not park my car on company property. If you must know, I have at times had a gun locked in the trunk of my car. However, I really like my job here and hate to think this would be a deciding factor in my continued tenure. What do you think?"

Notice "you" didn't say "You have no right to..." or "It isn't any of your business..."

The best policy here is charm, and honesty. That, or quit your job. If you say she's lying you'll look like a liar and piss off the higher-ups. If you say she was telling a partial truth, but exaggerating, and come across as an honest, bigger person, you have a real chance of staying. After all, a company generally makes decisions based on the worker's competence and aptitude, and internal politics are a tertiary consideration. Prove yourself on competence and aptitude, and your coworker's scheme may backfire. It's the only route to take.
 
I agree with wuchak.

Also, walk 100 yards. Nothing to lose there :)
 
I wouldn't let any employer search my car regardless.

If I worked somewhere that didn't allow employees to have a gun in their private vehicles then I would just park off property. If an employer ever demanded to search my vehicle then I would simply tell them no and if it cost me my job then I guess I'd just have to find a new one in that case.

Of course I'm also very honest. If an employer asked me if I had a gun in my car I would simply tell them the truth. "Yes I do and I also have a permit to carry concealed" I would also tell my employer that if they didn't approve of that then I wouldn't park on company property anymore and see where it goes from there. I believe honesty is the best solution, they don't need to search my car because I would simply tell them. My feeling is that if theyre going to find out anyway its better to just tell them upfront instead of letting them discover it.
 
I haven't read the whole thread but it seems like this to me, if they want to fire you and are searching for reasons why then you might as well start looking for another job anyhow. It will be inevitable.

Legal actions are expensive, especially when you are unemployed ;) You might be in the right but with out some $ to back it up I don't think it matters.

If they did search your car and found a gun and it's not in the handbook, so what? This is like having a gun at home, you have done nothing illegal. There are places now that will fire you if you are fat, or a smoker, or ugly. They CAN and WILL fire you for having something that they don't approve of.

I hate to be the one to say this but drop it, leave. There are plenty of jobs out there right now but not for long.
 
Find out if the lot you park in is company property. If it’s not, don’t worry about it. If it is leave the piece at home until this blows over. Admit to nothing, if they could prove that you violated their firearms policy you’d already be gone. You don’t need to help them. Also you need to bring up the fact that more than likely she’s making these accusations because you turned her down with your HR dept. I’m pretty certain that this is a form of sexual harassment and or creating a hostile work environment. She’ll probably be gone before you.
 
If you're married, then in front of others, just scream at her, "I don't care if you're going to get me fired over the gun in my car, I'm not going to bed with you! I'm a married man!"

I would assume she is trying to blackmail you for sex... Without any other indication of why she suddenly turned on you, it is safe to assume the tension is related to sexual issues.

It is important you make your play before she does... Make it clear that she is blackmailing you or talking about sex to avoid being fired, before she blows the lid off the gun in the trunk.
 
The kids are the reason I don't quit I also am NOT CARRYING at work for awhile & I avoid ol' girl like the plauge, she noticed and she aint happy ( I can't figure that one out)
Click to expand...



She is mad because she was hoping to get you into a sexual relationship, and she thought that by having sway/power over you, she would get closer to that objective. You are avoiding her, rather than rushing to her and begging and asking what you must do to save your job. She is hoping you'll make the next move towards her objective, so she doesn't just have to come right out and say "we're going to a hotel or you lose your job."

Make the first move, by going WAY above her head and having the top boss take her down a huge peg...


Also, she has to prove you actually have/had a gun in your car... Let her try to prove it...
 
I am not a lawyer so the following may not be a legally sound opinion. If it isn't please (if you are a lawyer) feel free to set me straight.

Proposition:

Most folks here are using the term discrimination quite a bit. Discrimination falls under civil law.

Firing someone for having a CCW or carrying a legal weapon on company property is not discrimination it is a criminal issue. It is a violation of a person's civil rights under both State & Federal law.

For example there are no federal murder statutes to the best of my knowledge. If the feds want to get you for murder they file criminal violation of civil rights laws against you.

The courts have upheld the 2nd Amendment to a point that they mostly agree that we have a right to bear arms subject to reasonable regulation by the individual states.

If your state's reasonable regulation allows CCW and grants you a permit then you are legally carrying within the law in that state. Being fired for carrying in accordance with the law becomes a violation of your civil rights. I.E. how can an employer policy supercede state or federal law. An employer can't fire you for saying you're gonna vote for the candidate of your choice - an exercise of your 1st amendment rights - so how can he fire you for exercising your rights under the 2A and your state's CCW licensing laws.

Therefore since the employer is violating your rights under both state and federal statutes he is in violation of Federal laws under the criminal code.

If it was me - based on the above I'd get a lawyer. Verify the above logic and if it flew file criminal charges at the federal level against everyone in the company involved from the President on down to the direct supervisor. That'd most certainly get their attention.

In other words screw the discrimination and civil remedy route. Go the criminal route. If that flies the civil route becomes a slam dunk.

ASIDE: If you don't live in an area with a 2A friendly Federal Attorney then even if the above is possible filing would be nigh unto impossible.
 
Generally speaking, whoever tells their story to the big boss first is the one who gets believed, tell your spin on the story before she goes into too much detail. Do mention the sexual spin on things. That'll cast a VERY bad light on her. Also, if she's doing this just after a recent promotion, then that means the power is going to her head. If she gets away with this, it'll just make your and everyone else's life all that much worse because she'll chalk it up as a success and try to push the envelope even further. The best thing you could do for yourself and especially for the other people is to challenge her and have her put in her place. She'll settle down really quick. They always do. Also, if she just got promoted, then she'll be very concerned about making a good impression and proving herself. If you give her boss a reason to doubt her, then there's a chance she may get demoted or terminated. Bosses don't screw around with promotions. Besides that, you'll raise her stress level ten fold. My dad has an old saying "If you give them enough rope, they'll hang themselves sooner or later. You won't even need to do anything." Funny thing is that women, being the emotional and social creatures they are always end up hanging themselves first. The only catch on this part here is if she's a personal friend of the boss. If so, then she's invincible. The boss WILL NOT side against nor discipline her regardless of laws or company policies. If she's a personal friend of the boss, the only way you'll take care of her is to get her imprisoned.

Also, I don't care what state you live in or what your company's policy is on guns on company property, your car is legally considered and treated by law enforcement the same as your house. THEY CAN NOT search your car without your consent or a search warrant. I don't care who says what, where you live, or what policies are implimented how. They CAN NOT do it. I would however advise that you not leave your CCW in open view of people passing by your car. Put it under your seat, in the glove compartment or in the trunk. There is one catch here though. (Isn't there always?) The police have the legal right to search the immediate area in and around the driver's seat whether they have your permission or a search warrant or not. Meaning, on your driver's seat, under it, on/under the dash in front of it, or in that little cubby hole usually under your right arm when you sit in the driver's seat. All those spots are the areas they can check. The glove compartment, the floor on the other side of the car, under any other seat, and in the trunk is off limits unless they have your permission or a search warrant.
 
Make sure your wife is up to speed on EVERYTHING that is going on, lest this vile ex-friend lady boss try to get your wife to think that you two are having an affair, and thus cause your marriage huge problems, or outright ruin it...

Be honest and open with your wife, and tell her that this woman is trying to blackmail you about your job, and then mention how the demands for sex, and the gun thing, factor into it.
 
I have actually had the conversation W/ the boss. It went something like this.
Hey, boss it’s been brought to my attention that somebody has been telling people that there’s a gun in my car, just wanted to make sure I clarified W/ you the origin of that rumor. Then I told her about something that actually happened my first night of work. I showed up for orientation and the H.R. rep decided to put me on right then and there (like I said huge turn over rate and they were hurtin’ for bodies that night) anyway, as usual, I had my gun in my car but I didn’t know there was an off campus parking lot so I parked on campus. Because of what I do I absolutely agree that it wasn’t a good idea. At the end of the night I reported the incident to my sup. (Who no longer works there). And never did it again I made that incident the basis of the rumors and apologized to the new boss for the confusion, told her I understood the policy and was in complete agreement with it.
Long story short I’m the good guy. And I never turn my back on my” friend”
 
In the first place there was no real reason for telling that dame you have a gun in your car, was there?

The moral to this story is: Lose lips sink ships.

But us humans have a hard time keeping lips buttoned some times, right?

The best of luck to you, my friend. Hope this is the worst problem you have all year!
 
I don't know about CO. In UT the employer has no legal power beyond firing you for CCW'ing at work. As for searching your car, they certainly cannot.
 
I keep seeing 'campus'. If you are employed at a college, Colorado considers that a branch of the government and you are considered a state employee. The 4h absolutely applies here.

Since you are not parking on campus property I don't believe the search is legal. Same as I don't believe the search would be legal if they went to your property and inspected your car there.

That said, Colorado colleges have exercised their legal option to ban firearms from campus. (I have never seen the signs they are legally required to post, but that is a different discussion).

And finally, and most importantly, I am not a lawyer. This legal advice is worth what you paid for it.

Oh, I almost forgot the the obligatory "what I would do" FTW Screw the govt! paragraph.

Banning this, and controlling that
Hit an anti with a wiffle bat
 
treo said:
Ultimately at this point the gun is causing more problems than it solves, so I'm gonna leave it at home for a while (be cool if they decide to search my vehicle now wouldn't it) and avoid all contact W/ my "freind" again thanks for the input.
Click to expand...
No, it would not be cool if they decide to search your car now. Would you consent, because now there's no gun? Then what happens in six months or a year, after you've decided to start storing the gun in the car, and they want to serach it again? If you refuse, their response will predictably be, "What's the problem? You didn't object the last time we wanted to search your car, so you must have something to hide now."

They have no right to search your car. Ergo, you have no reason to allow them to search your car. (Unless, of course, you signed a personnel policy document granting them the right to search your personal vehicle upon demand.)

The original post also asked about the police. The police cannot search your vehicle without your permission unless they have a warrant. They cannot obtain a warrant unless they can show a judge that there is probable cause to believe a search will turn up something illegal. If storing your handgun in a lockbox in your vehicle is legal, even if the employer doesn't like it there is nothing about the situation that would allow a judge to approve a search warrant. What would the purpose of the investigation be? "Suspicion of lawful activity"?
 
They have no right to search your car. Ergo, you have no reason to allow them to search your car. (Unless, of course, you signed a personnel policy document granting them the right to search your personal vehicle upon demand.)
Click to expand...

Actually, they still have no "right" to search your car. You have every right to refuse. In doing so, you breach your employment agreement, but they still have no "right", "authority" or any such thing to search your vehicle without your consent. If they think you've stolen something, they can report it to the police who can then obtain a search warrant to search without your consent. You signing a piece of paper agreeing to a search doesn't give them any "rights". You can still refuse.
 
in texas private or public employers have the right to prohibit guns on the premises. but schools are already prohibited.

yet, i believe that they can not legally search your car. a cop can not legally search your car without probable cause. anything they find is useless in court. CHL is not a probable cause. if you give permission to search the car, they have done nothing wrong. do not give permission to search the car.
 
Here's my take on "at will employment". As a Manager in a "at will state" I go through about 5 classes every year concerning hiring and firing of Employees.

To clarify the law says, you can quit, they can fire you, any time any reason....

In reality they better have documentation out the wazzuu of you violating company policy at least 3 times with the associated warning documentation, if they want it to stick!!! Remember a Jury of your peers ultimately decides the case, and decides the amount of the settlement $$$$$$$.

So if you have never been written up, and the company fires you for refusing to let them search your car, that is not on company property and they fire you. You will likely walk away with a rather large settlement, because it will never go to court. Unless you demand $50,000,000.00.

"At Will" is a scare tactic for the meek and mild nothing more nothing less.

They can fire you for cause (Stealing, etc etc) and make it stick no problem. But if you have not been a problem employee, always on time, never late, don't use the company computer to look at porn on the internet. Any lawyer will gladly take your case, because they can already smell the Money.

That is what I have learned in every seminar / course I have had to attend on Hiring and Firing. If they are not a documented problem, you can fire them without cause, but be prepared to pay$$$$$$
 
Way too many on here giving their opinion as if it were fact and only showing they haven't researched it.
The USSC ruled on just such an issue in the early/mid 80s. One of the defendants was David H Burge. Can't recall the other or the cite. I might be able to recall it later. I left all that info for my replacement when I retired so no longer have it. There have been other USSC cases with similar circumstances and all have upheld the employer or property owner's right to conduct a warrantless search.
In that case Burge v ??? the USSC ruled, and the ruling still stands today, that an employer has the right to conduct a search, including vehicles, while on the employer's property. Any contraband or illegal items can be used to subsequently charge the person with whatever criminal violation.
The OP's initial scenario was a bit different tho. He claims to be parking in a lot not owned or controlled by the employer. If that is the case then his vehicle is not subject to his employer's search. However, anything the employee brings onto the employer's property is fair game for employer search if they care to do so.
There are numerous USSC cases dealing with such employer issues. One I was involved in was a deputy accused of diddling his niece while in his squad car. With the sheriff's consent we went to his house, towed and impounded his squad, and processed it. The evidence we found substantiated the niece's story. He was subsquently convicted of the crime. He appealled, claiming that it was his squad car and to search it would require a search warrant. The USSC ruled that it was not his squad car, only loaned to him by the dept, therefore he had no expectation of privacy and he had no ownership rights of the squad.
Similar cases have involved K-9 searches of school and employee lockers on the respective property. The USSC has ruled that the lockers do not belong to the student nor the employee but belong to the employer, therefore the employer and school has control to authorize a search of the lockers.
 
treo said:
I have actually had the conversation W/ the boss. It went something like this.
Hey, boss it’s been brought to my attention that somebody has been telling people that there’s a gun in my car, just wanted to make sure I clarified W/ you the origin of that rumor. Then I told her about something that actually happened my first night of work. I showed up for orientation and the H.R. rep decided to put me on right then and there (like I said huge turn over rate and they were hurtin’ for bodies that night) anyway, as usual, I had my gun in my car but I didn’t know there was an off campus parking lot so I parked on campus. Because of what I do I absolutely agree that it wasn’t a good idea. At the end of the night I reported the incident to my sup. (Who no longer works there). And never did it again I made that incident the basis of the rumors and apologized to the new boss for the confusion, told her I understood the policy and was in complete agreement with it.
Long story short I’m the good guy. And I never turn my back on my” friend”
Click to expand...

Hey Treo, It sounds like you handled it well. Congrats and good luck with your former "friend". I suspect she'll make life interesting for a while.
 
Good luck Treo! Let this be a lesson to all the rest of us. Concealed means just that. I think only my wife and the sheriff know about my CCW and I don't believe my wife knows how often I've got a gun on me.
 
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