Fired for Your Firearm: Do You Have any Options?

 

A recent incident in which a Waffle House waittress was fired after defending herself against an attempted robbery shows that even when people exercise their legal right to self defense, they can still be terminated by their employers.

According to WSBTV in Georgia, “Deputies said robbers gave a note to a waitress that threatened to shoot everyone unless she gave them money.” Heather Stanley, another waitress at the Newnan, Georgia eatery, went out to her car, retrieved her handgun, and “fired one shot into the air” as the would-be robbers ran to their cars.

Stanley was fired by Waffle House after the incident.

Stanley told WSBTV, “I didn’t know if they had guns. I didn’t know if they were going to their vehicle to get another one and could come back and try to get to the safe, so my instinct was to go to my car and get the gun.” Stanley added, “For trying to protect their Waffle House and trying to protect their money and to get their money back, they let me go.”

In Texas, employers can fire employees for similar policy violations. Independent Program Attorney Emily Taylor of Walker & Byington discusses the limited options fired employees in the Lone Star State have if they violate an employer’s firearms policy:

What happens if you do get fired for violating a firearms policy? Well, unfortunately, Texas is an “employment at will” state, so your employer can fire you for virtually any reason, or no reason at all at any time.

So if you’re fired for violating a firearms policy you don’t really have a recourse. Firearms owners in Texas are not a protected class of persons, so you can’t come back then and sue your employer and say you were discriminated against for being a firearms owner. We reserve this protected-class status for things like race, gender, ethnicity, religion, and things of this nature.

There’s one more quirk in Texas firearms law that pertains to employers and employees, and this is having your firearm in your vehicle at work. We have a bill here in Texas that says that the general rule is employers must allow you to do this.

However, that bill doesn’t have a punishment for employers who violate this law, so at the end of the day, if you have your firearm in the car, your employer tells you that you cannot do this, and then they fire you for having your firearm in the car, unfortunately, even though, they are in violation of the statute, you have again no legal recourse because Texas is employment at will.

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