Amendments in Workplaces
In this assignment, you will research and study the statutes regarding searches and weapons at work places.
Scenario: Do Not Bring Your Gun to Work!
Josh reports for his first day of work at National Paper Company. He notices that the employee handbook contains the following statements:
National Paper Company Employee Handbook
- Prohibited items: The following items are prohibited on company property unless required for performance of work:
- Weapons and ammunition of all types, except for security employees and local law enforcement officers
- Explosive and incendiary devices
- Alcoholic beverages
- Illegal drugs
- Materials depicting pornography, violence, or other obscene matter
- Search of persons, vehicles, and property: Employees of National Paper Company should not have any specific expectation of privacy either on the premises of the Company or while on duty. In general, employees should assume that what they do while on duty or on the company premises is not private. In addition to Company premises, the Company may search employees, their work areas, lockers, personal vehicles if driven or parked on company property, and other personal items such as purses, briefcases, backpacks, and other containers.
Even though Josh signed his acceptance of the terms of the handbook, he had no intention of leaving his gun at home.
Several months later a disgruntled employee stormed in the building and shot two people. The next week, employees personal property, and vehicles were randomly searched by National Paper’s Security Department. When the officers found the loaded gun under the seat of Josh’s car, he was terminated.
Using the South University Online Library or the Internet, locate a statute in your state that references guns in the workplace. You can use the following search terms:
Note: If you cannot find a statute for your state, you may use one from another state.
Based on your research and the scenario, express your views on the following:
- What is the number and state of the statute that you identified? Provide a brief summary of the statute.
- Were Josh’s Second Amendment rights violated? Why or why not?
- Were Josh’s Fourth Amendment rights violated? Why or why not?
- If a lawsuit is filed, should this case be filed in a federal court or state court? Why?
- Did National Paper’s prohibition on weapons violate the state statute you selected?
- Should National Paper revise the search or weapons policy? Why or why not?