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CCW Issue


Jst2fst

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They could fire you for refusing.

No they cant. Your car is personal property and unless they are accusing you of theft of company property, which they need to have the police involved, they have no right to search your personal vehicle.

There are definitely ways they could find to terminate you but it would open some serious lawsuit issues. Also if im not mistaken, Ohio is a right to work state so they can actually terminate you for no reason at all.

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No they cant. Your car is personal property and unless they are accusing you of theft of company property, which they need to have the police involved, they have no right to search your personal vehicle.

There are definitely ways they could find to terminate you but it would open some serious lawsuit issues. Also if im not mistaken, Ohio is a right to work state so they can actually terminate you for no reason at all.

Nope.......it is an "at will" state.

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No they cant. Your car is personal property and unless they are accusing you of theft of company property, which they need to have the police involved, they have no right to search your personal vehicle.

There are definitely ways they could find to terminate you but it would open some serious lawsuit issues. Also if im not mistaken, Ohio is a right to work state so they can actually terminate you for no reason at all.

Yes Ohio is an at will state and they can fire you without reason at any time (unless you are union or have contract stating otherwise) so no employer with half a brain would bother with an illegal search. If you keep your mouth shut no one would ever know you had CHL or have any reason to suspect you had a gun in your vehicle.

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THey could fire you for refusing

No they cant.

They can fire you for anything unless you are under a contract that specifically states otherwise (unions etc)

If my boss walks up to me and says; "We had a report you have a gun in your car on compamny property. We need to search your car." and I refuse, then I would expect to be fired. That kind of risk is why I comply with my company's weapons policy.

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They can fire you for anything unless you are under a contract that specifically states otherwise (unions etc)

If my boss walks up to me and says; "We had a report you have a gun in your car on compamny property. We need to search your car." and I refuse, then I would expect to be fired. That kind of risk is why I comply with my company's weapons policy.

"at will" doesnt mean they can fire you for any reason, it means they can fire you without reason

if you refused a company search of your car and got fired, that is wrongful termination and i would sue the shit out of them

thats like saying "since ohio is an at will state, and i dont like people with english accents, youre fired" ....lets see how that goes in court lol

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"at will" doesnt mean they can fire you for any reason, it means they can fire you without reason

if you refused a company search of your car and got fired, that is wrongful termination and i would sue the shit out of them

thats like saying "since ohio is an at will state, and i dont like people with english accents, youre fired" ....lets see how that goes in court lol

http://en.wikipedia.org/wiki/At-will_employment

any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work

You can be fired for any reason, or no reason at all, except for a protected reason such as race, gender etc...

http://www.davidyounglaw.com/?gclid=CJrt-YC5w6wCFY3JKgodRSSzpQ

If you think you were fired because of your age, race, gender, harassment or a disability, we understand and can help
Edited by Scruit
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You can't use Wiki for a valid answer. At least quote a goverment site for ohios job regulations or reputable source.

http://www.ohiobar.org/Pages/LawYouCanUseDetail.aspx?itemID=436

“Employment at will” means that, unless you agree otherwise with your employer, either you or your employer may terminate the employment relationship at any time for any reason that does not contradict the law.

Or here:

http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

In the United States, employees without a written

employment contract generally can be fired

for good cause, bad cause, or no cause at all

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“Employment at will” means that, unless you agree otherwise with your employer, either you or your employer may terminate the employment relationship at any time for any reason that does not contradict the law. "

the law says no illegal searches

I see where the confusion is. Private companies are not held to the constitution. Your right to not be searched is only binding on the government.

The private company, though, does not have the legal power to force you to be searched. But there is no law that says they can't ask. And there's no law that says you must agree. But there is that law that says they can fire you for any reason or no reason at all. See how it all fits together?

If the company has reason to believe you are violating a stated weapons policy, and you refuse a search of your car, then the company will probably exercise its right to terminate you. Doesn't matter if they quote that as a reason, or state no reason at all.

"Unlawful termination" only covers specific employment scenarios such as gender, race, disabilities etc. As much as it sucks, being fired for refusing a search of your car is not an unlawful termination.

(I would refuse the search anyway - better to be fired for refusing a search on principle than because they found a gun)

If you think a private company is held to the constitution then try this... You know how you can call a cop an asshole all you want because, as an agent of the government, he is held to the constitution. Try sending around a companywide email calling your CEO an asshole. See how llong before they fire you. Give that whole "1st amendment" thing a shot while they are frog-marching you out the door.

Edited by Scruit
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Don't forget that an apartment lease is different to an at-will job.

An apartment lease is for a specific period of time and specifies the rights and duties of both the tenant and landlord. In order to evict the landlord must show a judge that the tenant violated a provision of the lease.

If the OP open carries and there is no provision aganst open carry in thelease then he's good (although don't be suprised if they don't renew the lease next year)

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Why do you, and a bunch if others, do this over thinking thing??? Who cares its concealed so it never happened they don't know it's there so its pointless to worry about it.

Bingo. Making a big deal out of this to them is outright telling them that you have a gun on your person and are moving through hallways with it. If it's concealed enough to comply with Ohio CCW laws, then it's concealed enough that they won't see it. Unless they are frisking you whenever you enter the hallway to your apartment, I don't see what the big deal is.

Now, if THEY want to make it a big deal, then you can start throwing the laws quoted above at them. I'm guessing the lease they had you sign is pretty boilerplate and has probably been around for a few years, so it might not have been updated with the new language from the CCW amendments.

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**Can't find the legal section for this to go in and it fits both legal and firearms. Move if needed.

OK so when I moved into my new apartment they had a CCW clause that limits where they are off limits office laundry room and any common area including hallways of the buildings. I'm fine with the office and laundry room but it makes it impossible for me to leave my apartment with my handgun. My only problem I have is that I live in an apartment building that has four apartments and the "common" area in the lease says hallways are a no carry zone or face eviction. My hallway is like ten feet from my door to the outside door.What I have a problem with is that they make it impossible for me to carry from my apartment to my vehicles and back to my apartment. I've spoken to some police officers and they said that their pretty sure that they can't do that as I have no other way of bring my handgun outside of my apartment. They way they want it transported is how ohio has it if you don't have a CCW.

I was told my the officer to contact the NRA and they might be able to help me I'm trying to find a local chapter that can do so as well asking OR. I've also been checking the Ohio tenant laws as well the ORC to see if this is legal. I know I signed a lease and am bound to some extent but this is the first I've ever herd of this. I even called the CCW Office and they told me to lawyer up. I need some help on this. Thanks

Piss on them! It's concealed, and they can't make you remove your clothes to prove that you do/don't have it on you. Ride out your year lease then move out!

Matt

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Bingo. Making a big deal out of this to them is outright telling them that you have a gun on your person and are moving through hallways with it. If it's concealed enough to comply with Ohio CCW laws, then it's concealed enough that they won't see it. Unless they are frisking you whenever you enter the hallway to your apartment, I don't see what the big deal is.

Now, if THEY want to make it a big deal, then you can start throwing the laws quoted above at them. I'm guessing the lease they had you sign is pretty boilerplate and has probably been around for a few years, so it might not have been updated with the new language from the CCW amendments.

what exactly defines concealed?

i have my CHL so its not really an issue for me, but occasionally i pocket carry in the small pocket above my regular jean pocket...just put the muzzle into that pocket and it holds it pretty secure, covers the trigger, but the grip sticks out still....if i have a hoodie on it will usually cover it up, but sometimes it doesnt....would that be concealed since most/part of the gun is concealed, or open since it is still partially visible?

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