Wisconsin –-(Ammoland.com)- Wisconsin Carry has funded a lawsuit on behalf of a Wausau man who was unlawfully terminated after verifying to a Human Resources Manager that he had a lawfully carried gun in his personal vehicle.
Wisconsin law does not allow employers to prohibit employees with valid concealed carry licenses from keeping a gun in their personal vehicles even when parked on company property.
Our attorneys attempted to seek an out-of-court resolution with Kolbe and Kolbe. After contact with their legal counsel, the HR manager who fired the employee misrepresented the circumstances of the firing suggesting that the employee had the gun outside his vehicle.
This is false. The employee never said that to the HR manager and never did have his gun outside of his vehicle. We have supporting witness statements to confirm.
Its against Wisconsin law for a company to terminate an employee for having a gun in their vehicle. Its shameful for a company to play fast and loose with the facts to try to absolve themselves from accountability for their mistake.
The employee was a model employee and even on the day of his firing had been praised by his supervisors for his performance.
The right to self-defense is a human right guaranteed by our state and federal constitutions. While we think it is ill-advised for companies to prohibit employees from exercising their 2nd Amendment rights wherever they may be, we respect private property rights of private businesses.
A person’s personal vehicle is THEIR private property and Wisconsin law recognizes the right to keep a gun within your property.
Section 175.60(15m)(b) – An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee’s or out-of-state licensee’s own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.
A copy of the lawsuit can be found here: https://www.wisconsincarry.org/media/10319/complaint_6_26_14.pdf
Nik Clark Chairman – Wisconsin Carry, Inc.P.O. Box 270403
Milwaukee, WI 53227
[email protected]
About:
Wisconsin Carry, Inc. is a non-profit corporation dedicated to the preservation and reclamation of the rights of law-abiding Wisconsin residents to carry in the manner of their choosing. We believe that “open carry” and “concealed carry” are choices to be made by law-abiding citizens based on their situation and preference. Wisconsin Carry, like many gun-rights organizations in Wisconsin, is investing a great deal of resources to get Wisconsin law changed to allow concealed carry this next legislative session by proposing Constitutional Carry. Wisconsin Carry, Inc. will continue to use legal recourse to deter unlawful treatment of law-abiding Wisconsin residents who currently exercise their right to open carry, and soon will exercise their right to concealed carry in Wisconsin. Visit: www.wisconsincarry.org
I also work at Kolbe. Have been there for the past 20+ years and have never heard of this individual. Not saying he didn’t work there, but the claims that he was a model employee may be exaggerated. We need to let the courts decide what is right and wrong here, not create a lynch-mob mentality. There are often 2 or more sides to each story. If Kolbe is in the wrong, then yes, there should be reparations made, but if the former employee is in the wrong, will there be a public retraction of this negative publicity? Probably not,… Read more »
I also work at Kolbe. I’m not sure why they are so anti gun, But they do fire many people unfairly and had a major layoff 5 years ago. Maybe they are afraid of a disgruntled employe coming back? Like a sign on the door or a company policy is going to keep them out. Maybe they should instead look at the doors that don’t auto lock and the large overhead doors that are left open all day for anyone to just walk in. Idiots. I would feel better knowing that everyone that worked there had a hand gun in… Read more »
I actually work at Kolbe, and yes they are a bit over the top on their policies. They (mid to upper management) have stated (even for hunting)a rifle in your vehicle was not allowed per company rules.
If you read the law carefully, you will see that it not only covers having a weapon in your vehicle, but also explicitly forbids a company from making it a condition of employment that an employee with a CCW license may not carry a concealed weapon. Read the very first words:
“Section 175.60(15m)(b) – An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon…”
VERY interesting!
More information on the law suit can be found at the ABA Journal.
https://www.abajournal.com/news/article/fired_worker_sues_ex-employer_says_he_was_illegally_axed_for_having_a_gun_i/
AJ, you’re on the right track. WI/OSHA needs to look into what other WI laws are being broken by this company, from top to bottom.
I performed a search on Kolbe & Kolbe and came up eith a Wisconsin based window and shutter manufacturer. Apparently they ship nation wide. I sent them an “Contact Us” comment indicating that if they are the company that did in fact fire this individual they they will never receive a dime of my money. I also suggested they look into their training of personnel as it relates to state laws and regulations on ALL matters, not just firearms.
Way to go,team. Nail these morons to that old Liberty Tree.
the company should be fined for hiring such a dolt for “Human Resources Manager”. He’s the one that should be bounced out on the street for following his own policies. If these are truly the company s rules, and not his alone, the fine should in the hundred thousands.
Who is Kolbe & Kolbe and what do they
produce ?
I want to be sure to never use anything from them.
Sue the hell out of them !