Mississippi Man Wrongfully Terminated For Gun In Car

Discussion in 'Mississippi Gun Laws' started by sand_man, Aug 11, 2016.

  1. sand_man

    sand_man Grouchy Old Fart MSGO Supporter

    The U.S. Fifth Circuit Court of Appeals in the case of Robert Swindol v. Aurora Flight Sciences Corporation found that state the Magnolia State’s 2006 law against the prohibition of the storage of legal firearms on employers’ property overrules Mississippi’s 150-year at-will employment statutes.

    Court: Man wrongfully terminated for having gun in vehicle at work
  2. stewbaby

    stewbaby Distinguished Poster MSGO Supporter

    Good case law. Hope he gets some decent money out of them.

  3. 45flattop

    45flattop Distinguished Poster

    I hope he ends up OWNING the company that fired him and goes on to
    let all the slime balls involved in firing him, be shown out the door by
    security in a perp walk.
    maxhush, Sancho Panza, Vick and 9 others like this.
  4. rigrat

    rigrat Semper Fi

    So does this mean a employer can not fire you for having a gun in your vehicle?
    Sancho Panza, Mesquite, 1010 and 2 others like this.
  5. Q-Tip

    Q-Tip Distinguished Poster

    In Mississippi, yes.

    Sent from my iPhone using Tapatalk
    maxhush, rigrat, Sancho Panza and 3 others like this.
  6. captain-03

    captain-03 Moderator Staff Member MSGO Supporter

    Byram, MS
    Be careful -- the facts / evidence of record will dictate the outcome ...... every case has its own twists and turns .....
  7. patchz

    patchz Court Jester

    Might be a good idea to contact an attorney and have him send a letter to your employer advising them of the case law and that their policy is superceded by State law and therefore illegal.
  8. oO_Rogue_Oo

    oO_Rogue_Oo Distinguished Poster

    It is my understanding (I slept in a Holiday Inn last night) that although Mississippi is an "at will state" that you cannot be terminated for an illegal reason (much better to give no reason). Also that if the parkinglot in question is fully gated and fenced they can in fact enforce a no firearms policy.

    Again I'm only an "Internet lawyer" so my degree is questionable at best. :)
  9. ^^^^^THIS^^^^^
  10. deadhead

    deadhead Distinguished Poster MSGO Supporter

    Swindol indicted for child porn, now free on $50,000.00 bond.
  11. phillipd

    phillipd Distinguished Poster MSGO Supporter

    Yeah I saw that in paper today.
  12. Enterprise65

    Enterprise65 Heavily caffeinated.

    I work across the street from Aurora and have pulled into their parking lot to take a phone call. It was not gated.
    Sancho Panza likes this.
  13. gunluvinatty

    gunluvinatty Distinguished Poster

    The very similar case of Parker v Leaf River goes to trial on damages September 5 in Hattiesburg. We have already won on liability so the only question is how much they have to pay.
  14. mascott

    mascott Distinguished Poster MSGO Supporter

  15. Enterprise65

    Enterprise65 Heavily caffeinated.

    Since the case against Aurora, not saying it was a turning point, but around that time my company reversed their no firearms left in vehicles policy. They are within the confines of the law because we are fenced in with gates and "security" officers if they wanted to keep it the way it was but we're glad they changed the policy.
  16. gunluvinatty

    gunluvinatty Distinguished Poster

    For those interested, Mr. Parker's case settled. The terms of the settlement are confidential. I am pleased with the resolution of this case.
    94LEVERFAN, maxhush, BasMstr and 2 others like this.
  17. TheBouncer1111

    TheBouncer1111 Distinguished Poster

    I understand the reasons for settlement confidentiality, but I have to wonder if it was enough to provide a deterrence to other companies choosing to stifle a citizens civil rights. In other words, how would they know, why would they care?
    rigrat likes this.
  18. gunluvinatty

    gunluvinatty Distinguished Poster

    If you find someone who is the victim of a violation of 45-9-55 send them my way. Culpable defendants will pay.

    Remember that the law prohibits the establishment or maintenance of a policy - not just firing an employee. If the company policy is contrary to law there does not have to be a termination for a violation to be prosecuted.
    maxhush, Enterprise65, rigrat and 2 others like this.
  19. Fivesuns

    Fivesuns Distinguished Poster MSGO Supporter

    Where I work, the policy was changed from no firearms or weapons of any kind on company property to....no firearms or weapons in unauthorized areas. Since they did not define what the authorized areas are, I pre-emptively decided my desk drawer, my right front pocket and my right hip are all authorized areas.
    94LEVERFAN and Ravendriver like this.
  20. Enterprise65

    Enterprise65 Heavily caffeinated.

    Ours changed from no firearms allowed on site to they must be left in your vehicle out of plain sight and secured by the vehicle's door locks or in a lockable compartment. (For those who drive Jeeps and take the doors off.) We do have a manned gate and perimeter fence and are within their right to disallow them but we're thankful they decided to change it anyhow.
    22lrfan likes this.