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Employee Shoots Gun at Work? Second Amendment Does Not Apply


Hoven v. Walgreen Co. - Sixth Circuit Court of Appeals


Facts:  Jeremy Hoven was an at-will employee working at a Walgreen in Michigan.  After concerns over his security at work after a few robberies, Hoven asked Walgreen for additional security.  When Walgreen did not comply with his request, Hoven obtained a license to carry a concealed weapon.  On May 8, 2011, while working, several gun wielding robbers entered Walgreen.  After one of the robbers pointed a gun at Hoven, Hoven drew his concealed weapon and fired shots at the robbers.  Eight days later, after Hoven refused to resign, Walgreen fired him on the grounds that he violated the non-escalation policy of Walgreen. 

Hoven filed suit against Walgreen and claimed he had been unlawfully terminated in violation of Michigan public policy, namely his Second Amendment right to have a firearm.  Walgreen moved for summary judgment on Hoven's claim and the lower court granted the motion.  Hoven subsequently appealed to the Sixth Circuit Court of Appeals.

Holding:  The Court of Appeals affirmed the lower court's ruling and held that while the Second Amendment allows citizens to have firearms, employees do not have the same rights in a private setting, such as at work.  

Judgment:  The Court of Appeals affirmed the lower court's ruling and held that Hoven could not prevail on his unlawful termination claim.

The Takeaway:  Employers need to ensure that even though many employees are well intentioned, allowing firearms at the workplace should not be condoned.  What an employee does on their own time with a concealed weapon license is one thing.  However, when it spills into the workplace and presents a potential powder keg of problems, employers cannot condone or allow this type of environment to exist.

Majority Opinion Judge:  Judge Moore

Date:  June 2, 2014

Opinion:  http://caselaw.findlaw.com/us-6th-circuit/1668458.html

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