Cleveland business media assault on concealed carry continues
Is there something in the water at the Cleveland business media's office buildings?
Inside Business Magazine
March 2004 Issue
Trouble Shooting
The Editors
[email protected]
When Ohio’s new concealed handgun law takes effect April 8, it doesn’t mean employees will be allowed to stash pieces in their cubicles. But it does mean employers should consider creating or updating handgun policies.
“There is nothing in the statute that prohibits businesses and corporations from forbidding employees and customers [from bringing] guns into the workplace,” says Michael Hanna, a partner at Squire, Sanders & Dempsey LLP in Cleveland. He adds that there’s a misconception that employees will have the right to carry a gun to work once they have obtained a license; actually, employers can still prohibit them from the workplace, all company property and company-owned vehicles.
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Gov. Bob Taft signed the bill Jan. 8 authorizing Ohio sheriffs to issue licenses allowing citizens to carry concealed handguns. Not just anyone will be permitted to carry a concealed handgun come spring, however. There are requirements, including being an Ohioan 21 or older, passing a criminal background check, having no history of mental illness, and completing a certified 12-hour training course on weapons handling and safety.
While the statute does not require employers to institute handguns or weapons policies, it would be in the best interest of the company to do so, say Hanna and Stephanie Trudeau, a partner at Ulmer & Berne LLP in Cleveland and a certified specialist in employment law.
“Employers have a right to control their workplaces,” Trudeau says. “And they need to make a decision before it becomes an issue in the workplace. If you make the decision before someone comes in with a gun, it will be viewed as a general policy and not as personal policy or personal attack on that individual.”
There are a number of places where concealed weapons will not be allowed — such as state-owned office buildings, daycare centers, places of worship and university and college campuses. However, even those places may want to develop a policy and post a sign prohibiting weapons, Trudeau says.
She says she has prepared employee handbooks that have gun policies for years. And while the new law won’t invalidate existing policies, Trudeau says even those companies may want to think about making their rules more specific. Can guns be in an employee vehicle parked in a company parking lot? Can a gun be in a company vehicle or employee vehicle used for company travel? Think about the nature of the business and situations that might arise.
“The more clarity, the better,” she says. “The more they do to get the point across, the better protected they will be.”
She suggests creating a clear policy, adding it to the company handbook, posting conspicuous signs on the premises, and sending a memo to all employees. Hanna adds that employees should be required to sign a copy of the policy, and if the policy is sent electronically, there needs to be a process to show that each employee received it.
This is important because employers need to ensure employees know about the policy, as this can determine if it is an offense worthy of being fired. Hanna adds that placing a sign in a conspicuous place makes it a criminal offense to bring a weapon on the property, but having a policy alone does not. The key is to develop a policy and make sure there is consistent enforcement, he says. Hanna also notes that an employer is immune from any civil action caused by an employee who is licensed and brings a handgun onto an employer’s premises, unless the employer acted with malice (for example, knowing that an employee’s life was in danger and doing nothing to protect that employee).
In addition to clearly stating that no weapons are allowed, make sure the policy outlines actions that will be taken if a weapon is brought to work, Trudeau says.
On the other end of the spectrum, Trudeau says there may be an employer who decides to require all employees to obtain a weapon and bring a gun to work. “There needs to be a legitimate reason why this would be required,” she says. “If an employer is using this as a means of discriminating — requiring someone to pass the background check, mental competency and looking at any criminal convictions — that would be a problem.”
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