Gun Violence in 2009, Gun Rights in 2010
As reported by the Los Angeles Times (click here, here, and here), 2009 ended with gun violence in the workplace. A former employee of the gaming commission near San Diego burst into the executive director’s office and killed him with a shotgun. The former employee then committed suicide.
The executive director had fired the employee a week earlier. It’s not known if the employee had made threats after his firing, but according to his ex-wife, the employee had slashed the tires of another boss who had fired him from a previous job and said he wanted to kill him.
This incident turns the spotlight on a continuing debate about whether employers can ban guns from the workplace or whether employees licensed to carry guns can bring them to work. It’s clear that gun rights advocates will continue their campaign with state legislatures to give individuals greater rights to possess guns anywhere they want. In addition to these state battles, the U.S. Supreme Court will decide another case that could have a bearing on this controversial workplace issue.
Another issue that arises from the San Diego workplace violence is whether the gaming commission knew of the employee’s violent propensities as evidenced by his conduct with a previous employer. If you fire an employee because of threats or violence, you’re taking a chance by not disclosing this to a prospective employer who calls for a reference. Most employers give only name, rank, and serial number. In a situation involving a potentially violent employee, however, the usual response may set you up for liability to an employer like the gaming commission and to third parties subsequently injured or killed as a result of violent activity that should have been disclosed. Before you give the standard answer in this kind of situation, get some legal advice.
Leave a Reply
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
Read more about Chris Parker
About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
Read more about Jimmy Daniel
About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
Read more about Larry Bridgesmith
Guns and Laws. I notice that the shotgun used to kill the supervisor did not make the trip by itself, but had to have a man holding it, a man to fire it and this same man then killed himself. If we’re going to stop violence with guns…humans are the one common denominator, so let’s just get rid of them. I bet the guns will just stay at home that way. Wake up!! The truth is, this man would have killed him with a baseball bat if he’s that crazy. The gun does nothing but obey the command of the human who has control of it.
TWA,
Thanks for your comment. I suspect that this debate will go on until the cows come home.
John