Author Topic: CO Employee/Employer Car parked on Employers property  (Read 843 times)

DurangoNomad

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CO Employee/Employer Car parked on Employers property
« on: February 09, 2018, 03:15:17 PM »
Good afternoon,
  This is a big one in these parts.  We are an employ at will state first off.  I get that.  We are also a state where my vehicle is an extension of my home...BUT...it's their property.  I am also a CCW holder so I can carry concealed where legal.  We are also an open carry state.  I lock my vehicle while on company property BUT it's in our policy to not only NOT have a firearm in a vehicle but they have the right to search ANY vehicle at any time for any reason.  To top it all off it's also in our policy (because we have a high-end CNC machine shop on site and several "gunsmiths") that after hours we can bring unloaded firearms (minus ammunition) INTO the shop for conversions, machine work, etc.  Very confusing.  So in the unlikely event, I was searched and/or terminated, what are the laws and/or my rights. 
Grateful for any information.  New to the forum and it rocks!

Katfish

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Re: CO Employee/Employer Car parked on Employers property
« Reply #1 on: February 09, 2018, 04:19:26 PM »

Well DN I am NOT a Lawyer

And I do dearly miss those wonderful Mountains! (I lived in Denver from '93 - '03)

My very first though: "How far of a walk is it to park on the street off of company property?"

sometimes simple aint so simple but I had to ask..........................

DurangoNomad

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Re: CO Employee/Employer Car parked on Employers property
« Reply #2 on: February 09, 2018, 04:40:46 PM »
Believe it or not there's no room anywhere to park off of company property. 

TexasLawShield

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Re: CO Employee/Employer Car parked on Employers property
« Reply #3 on: March 01, 2018, 04:44:57 PM »
The concept that that a vehicle is an extension of the home is a common misnomer in Colorado and other states.  Colorado applies the Castle Doctrine to the home whereby a homeowner may use deadly force against an intruder they reasonably believe has entered the home and is or is going to commit a crime and might use physical force against the homeowner or other residents.  This law does not apply to use of deadly force in a vehicle. 
 
Use of deadly force outside of the home must meet certain criteria under Colorado’s self-defense law to be justified.  Specifically, whether in a vehicle or elsewhere outside the home, a person can use deadly force only if he/she reasonably believes he/she is in danger of the imminent use of force by the other person, he/she is in danger of being killed as a result, and he/she uses proportionate force against the aggressor.  This is a very different standard than the Castle Doctrine and does apply to a vehicle.
 
Regarding employment consequences, Colorado is an employment-at-will state and an employer can terminate an employee without advance notice.  The only exceptions to this general rule are as follows:  Discrimination, violation of public policy (i.e., filing a worker’s compensation claim, whistleblower situations, etc.), contract for termination between employer and employee. 
 
Your company policy specifically prohibits firearms on their property.  Private property owners have the right under Colorado Law to establish such a policy (See C.R.S. 18-12-214(5): “Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity”).  Further, in order to work for this company, you have agreed to periodic searches of your vehicle.  Given the express language of company’s policy, you have agreed to comply with those rules to maintain employment.  If you were terminated as a result of a violation of this policy, the exceptions to employment-at-will (listed above) would likely not apply. 
 
Further, you may place your CCW permit in jeopardy if found in possession of a firearm against a private property owner’s policy.  The state could also pursue criminal charges of trespassing if the firearm was found in your vehicle while on company property.  If the firearm was found on your person while on company property, the state could pursue criminal charges of trespassing and/or unlawfully carrying a concealed weapon regardless of a valid CCW permit as you would be in violation of company policy and, therefore, not carrying a firearm in a lawful manner.