Dive Brief:
- Today's patchwork of state gun laws can apparently make life difficult for HR leaders in setting company policy when it comes to firearms. A recent case decided by a federal appeals court illustrates the dilemma perfectly.
- In the decision, the U.S. Court of Appeals for the Fifth Circuit ruled that an aircraft production worker who was fired for having a gun in his locked car on his employer's property may sue for wrongful discharge under Mississippi law, according to Bloomberg BNA.
- Most of all, the court's decision demonstrates how state laws protecting a person's right to bear arms may create liability for employers that prohibit guns on company property. Here, a Mississippi statute that allows workers to store their firearms in a locked vehicle on company grounds creates a public policy exception to employment at will.
Dive Insight:
The decision had reversed a lower court's dismissal of the employee's wrongful discharge claim against Aurora Flight Sciences Corp. in Columbus, Miss. The employee was let go in 2013 because the company had a policy against having guns on company property, though the state law said otherwise.
After checking with the Mississippi state supreme court on a specific issue with the state law, the state court's response indicated a wrongful discharge claim exists if an employee is fired for exercising rights protected by a section of the state law. BNA also reports that state supreme court also said the Mississippi law should be interpreted to protect employers from liability for any occurrences involving its employees or third parties that result from firearms being present in a vehicle on company property.
Due to the complex array of laws and statutes on the matter, HR leaders should check their company policy on firearms on company property (at least locked in a parked car) and see how it aligns with state and local law.
