packing at work

[Aguila Blanca]

To sue under tort there must be a basis. Generally this is negligence. Negligence arises where there is a duty, the breach thereof resulted in plaintiff's harm. As far as I know, there is no duty of an employer to protect employees from criminal activity.

OSHA?

The premise of OSHA is that every employer has a responsibility (a "duty") to provide a safe workplace. It would be a stretch, I'm sure, but the argument might be advanced that by prohibiting employees from taking responsibility for their own personal safety, the employer is assuming that duty. And then failing to fulfill it.

 

[Drizzt]

Seems to me that you'd have real problems with this in an at will environment.

I think that is the best argument against the lawsuit being allowed. Since Texas is an 'At Will' state, the response would simply be that you chose to work there, knowing the policies and accepting them in order to work there. While I may not particularly agree with the rules prohibiting me carrying at work (especially since customers are allowed to), I know that I thought that the arguments were a bit wrong when the smoking ban was instituted in the bars here in Austin. They said it was for the employees who were forced to breathe the second-hand smoke. I thought that was crap, as they were not forced to work there, but I have to remain consistent in my arguments.

 

[MedicineBow]

Apparently lost in the shuffle was the post that answered this question most easily...by pointing out that worker's compensation laws would prohibit such a lawsuit.