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Re: Employer Car Searches

Posted: Thu Jan 14, 2010 6:13 pm
by The Annoyed Man
I voted "No," but I should amend that to say that my car has never been searched at work unless I forgot my reading glasses in it, or something like that. My place of work is maybe 25 ft from my place of sleep, and my car is parked right outside my "office" door.

:mrgreen:

Re: Employer Car Searches

Posted: Thu Jan 14, 2010 8:34 pm
by FlynJay
I've had my car searched going into a NASA facility, which has a codified prohibition against firearms. The search was not random, they had a specific threat that they were searching for.

The were searching the engine compartments of all white trucks entering the facility. They did not search the cab of the truck, or even the covered bed for that matter.

Re: Employer Car Searches

Posted: Thu Jan 14, 2010 9:29 pm
by TLE2
I found out recently that I can leave my weapon in the vehicle in the parking garage at work. I just can't carry into the building. Well, better than...

Re: Employer Car Searches

Posted: Fri Jan 15, 2010 10:21 am
by gregthehand
C-dub wrote:But have you ever signed anything that said you've read the employee handbook or your company's policies or been given a handbook that has this policy in it? Maybe no one has shown that specific page, but they didn't really have to if you've been given the book.
No and if they searched me and found one I'd just say nobody ever told me I couldn't. Which they haven't. I seriously doubt they will ever search though.

Re: Employer Car Searches

Posted: Fri Jan 15, 2010 11:22 am
by chabouk
C-dub wrote:
gregthehand wrote: I just did a search of our internal site and we do in-fact have a policy but nobody has ever shown it to me.
But have you ever signed anything that said you've read the employee handbook or your company's policies or been given a handbook that has this policy in it? Maybe no one has shown that specific page, but they didn't really have to if you've been given the book.
Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.

Re: Employer Car Searches

Posted: Fri Jan 15, 2010 11:25 am
by ScottDLS
chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.

Re: Employer Car Searches

Posted: Fri Jan 15, 2010 12:39 pm
by RocTrac
My "commute" is 9 hours one way and through some interesting areas. My personal safety trumps company policy. I haven't bee searched and will not submit to one unless presented with a warrant.
Carl

Re: Employer Car Searches

Posted: Fri Jan 15, 2010 11:54 pm
by GhostTX
I work somewhere that doesn't allow "weapons" on the premise. I've recently tried to have management change their ways, but to no avail. Just falls on deaf ears.

I do, however, commute with a gun and keep it in the car. At least, by law, I'm allowed to do that.

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 12:09 am
by ScottDLS
GhostTX wrote:I work somewhere that doesn't allow "weapons" on the premise. I've recently tried to have management change their ways, but to no avail. Just falls on deaf ears.

I do, however, commute with a gun and keep it in the car. At least, by law, I'm allowed to do that.
Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 12:14 am
by GhostTX
ScottDLS wrote: Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.
No. It's been communicated to me in non-CHL discussions and the policy ("zero-tolerance policy") is posted in several employee notification boards. I don't think I could have pleaded ignorance if I ever was caught.

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 12:18 am
by ScottDLS
GhostTX wrote:
ScottDLS wrote: Until you told them and got them to give you ORAL notice, you could have legally carried in the building too. On the other hand, they could have fired you.
No. It's been communicated to me in non-CHL discussions and the policy ("zero-tolerance policy") is posted in several employee notification boards. I don't think I could have pleaded ignorance if I ever was caught.
Fair enough. My company has never given me oral notice, though they have non-30.06 language in handbook. I'm not asking, and hopefully they are not telling! :lol:

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 12:19 am
by chabouk
ScottDLS wrote:
chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.
And my point is, "Oral notice isn't worth the paper it's written on."

Got a witness?

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 1:35 pm
by WildBill
chabouk wrote:
ScottDLS wrote:
chabouk wrote: Unless it's 30.06 wording, it doesn't matter, legally speaking. Oral notice isn't worth the paper it's written on. ;-)

When it comes to firing, it doesn't matter if you signed for receipt of a valid 30.06 notice, or if there's no policy at all. Fired is fired.
Oral notice is valid and does not require any specific wording. That's why I follow the "Don't ask, don't tell rule", so I don't inadvertently receive oral notice.
And my point is, "Oral notice isn't worth the paper it's written on."

Got a witness?
"They" will probably have a witness. You won't.

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 1:57 pm
by C-dub
And all those new to CHL or unsure of the law (lol) remember that there is and can be a difference between violating a company policy that can get you fired and violating the law that can get you prosecuted.

Re: Employer Car Searches

Posted: Sat Jan 16, 2010 2:26 pm
by TrueFlog
chabouk wrote:In Derrick A. Wiley v. Department of Justice, a federal employee was suspected of having a pistol in his car, and investigators received a written tip. The investigator requested to search Wiley's car. He declined, said he was taking sick leave, and left the property. A short time later he returned and submitted to a search of his car.
That's more or less what I'd do if my company tried to conduct a search. I'd leave immediately regardless of what I did or did not have to hide. I don't know that I would consent to a search when I returned, but I suppose I'd eventually have to or else I'd run out of sick days. I might just have to start parking across the street.