Were my Right Infringed/Can I take legal action?

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Yup, Florida is a good state for me.
Now what's also interesting is a lot of businesses don't own their parkinglot. Ie shared strip center style. A lot of businesses lease their buildings and their land. If the business has customers that come to their shop then the parkinglot is a public place. If there's a gate to get into the parkinglot that's another story.
 
Big Tom said:
...I feel like I was violated of my Constitutional rights....
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And whether or not any rights you might have under applicable employment law were violated, understand that in no way were your constitutional rights violated. A private employer can not violate your constitutional rights because a private employer is not subject to, nor regulated by, the Constitution. The Constitution regulates government, not private parties.

It's doubtful that OP has a claim against his employer here. His employer didn't invade his privacy. The investigation started by the employer viewing material the OP put out in public for anyone in the world with Internet access to see. And the OP consented to the search of his person. In addition, the employer did not terminate the OP for violating the employer's weapons policy.

There are legal limitations on what employers can do, and employees do have rights. Those rights derive not from the Constitution but from Common Law and state and federal employment law. State law is usually key, and if someone is concerned about his rights at the work place, his best source of information will be a qualified lawyer in his State.
 
Sounds like a "hostile work environment" -- which is not necessarily illegal unless you are a member of a protected classes (black, female, Vietnam veteran, disabled, etc.) Also it has to be a pattern of abuse, not just a single incident.

There's also "intentional infliction of emotional distress."

None of these sound winnable to me (I am not a lawyer) and if you bring legal action against your boss you'll probably never work anywhere again, so choose wisely.

Just wait for them to break into your car to perform an illegal search; call the sheriff and press criminal charges. :)
 
You have free choice in where you work. If you don't like the way they treat you, tell them to take a hike. Telling us who 'they' are might save another gun owner a similar problem.
 
He showed me a company policy booklet that said I could be terminated for having aknife on me.
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Had you not seen this policy before? Most private employers ban employees from carrying weapons. That's the culture. If I were taking a new job, I'd make a point of knowing what their policies were. It's not easy to transition in this market.

As others have pointed out, it was a jerk move on the part of the company, but in no way are they liable. Nor should they be.
 
Most private employers ban employees from carrying weapons.
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Which is why I never carry a weapon at work...

I just carry my Buck 110 in either a case or back pocket...
Brent
 
I am not a lawyer but for whatever it might be worth you might look at it from a "hostile environment" point of view that would have some teeth especially if other employees have similar videos on you tube that violate policy and you are the only one being singled out.

I would also (me being me) get a poster of the constitution and mail it to the boss along with my resignation, but thats just me and I dont recommend that for anyone but myself.
 
Please also disregard the "advise" to publicly trash your employer. It's a good way to get fired "for cause" with a loss of unemployment benefits.

Like others, I think this is a good illustration why we should be careful about our Internet persona. I would never, ever post about the firearms I own using my real name or other information by which I could be readily identified (like a photo).
 
I would also (me being me) get a poster of the constitution and mail it to the boss along with my resignation, but thats just me and I dont recommend that for anyone but myself.
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In this job market, that could have very real repercussions on his (and his family's) livelihood. There are times to make a stand, and there are times to take one's lumps. I think this case is the latter.

I concur on not mentioning the employer in any of the social media, particularly if there's anything that can identify you. The internet isn't as anonymous as people think. I once had an employee "friend" me, and when I checked his site, I was quite dismayed about what it revealed about his character.
 
My take on everything...

You willingly cooperated, and it doesn't seem like anyone physically searched you.

I don't know how it works in your state, but an employer/security guard can't physically search you without consent in Florida. They can terminate you, however, if you already signed a waiver agreeing to searches.

It also doesn't seem like they had any probable cause to search you. Owning firearms is not a crime. So unless you made threats or displayed dangerous behavior in your YouTube videos, even a uniformed officer wouldn't have had grounds to search you if they called one in. At least that's my opinion.

But you seemingly went along with it, so I don't think you have any legal case. Next time, tell them to mind their own business.
 
Were your Consitutional rights violated? No. Were your civil rights violated? No. Because you voluntarily work there, and you consented to their search. Your rights cannot be violated if you consent. You gave them permission.

They have a reasonable concern. I think they acted a bit over the top, but they do have a valid concen. You posted videos of you and your guns (several, apparently) for all the world to see.

Some of the deranged people who have gone on shooting rampages have done the same thing.

Now that they have checked you out, and found out you are "harmless", they should do, and say nothing more about it. If they do (and especially if they say they are doing it because of some employee's worry/concern, THEN you need to talk with your union steward/HR rep, and a lawyer, as you may have grounds for a "hostile work environment" suit.

At this time, you have squat for a lawsuit. Sure, its offensive, and you were just showing off your guns, that you are proud of, but they don't know that. All they know is that your reported behavior matches that of known threat profiles.

Most companies have "no weapons" clauses in the employee handbooks. And, most of the time, a pocket knife is not considered a weapon, or is ignored. BUT, its in there, and they can enforce it, and be within the law doing so.

think of it like this, if you go "postal" and gun down 23 fellow employees with an office stapler, they are responsible, and will get sued. You have (OMG) GUNS!!!!! Of course they are going to be paranoid. And the fact that some other scaredy cat reported it to management makes them TOTALLY responsible, if they do nothing. Its a sad world these days.
 
Some of the deranged people who have gone on shooting rampages have done the same thing.
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I bet most have not... I also think the vastest of majority of gun video makers are not going to be involved in a shooting rampage...

That is like saying a guy who has many car videos on you tube is going to plow into a crowd of people because a couple instances of such behavior was perpetrated by a guy with similar car videos...

They have a reasonable concern. I think they acted a bit over the top, but they do have a valid concen. You posted videos of you and your guns (several, apparently) for all the world to see.
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I am shocked to see 44amp say this... There are far too many gun vids on youtube posted by sane, well behaved, legit folks and so few ever posted by nut job who goes on to commit a crime.
IMHO, there is no "reasonable concern" raised by knowing a man has made videos showing his choice of legit hobby/passtime/passion etc...

Now if he was making commentary like that "Timothean" guy... maybe he might raise concern but not because of guns...

If he was snortin' cocaine in the vids... I might see some concern as well...

Brent
 
There's one thing good that came out of this -- you learned something about what kind of boss you have. He doesn't trust you; he bullied you and then tried to act like he was doing you a favor. (did you get the knife back or did they steal it?)
 
Makes me glad I work for a large gun shop... where if me and my co-workers were searched.... there would be a small arsenal lol.

Your rights weren't violated, and I think that is the last you will hear of them. I would however find a new job... and once you do... tell them how you really feel.
 
Someone beat me to it, but the rule is to never post anything, blog, video, email, whatever, into the public view that you would not want to see in court. Like the cops say, anything you say can and will be used against you, in court, at work, so-called friends, it can all come back and bite you one day.
 
face the facts...you're his b&*#$. if you fight him(which you won't), you'll most definately lose your job. he had the right due to the knives to get rid of you via company policy in 'black&white'.

kidding on the above part but just let it go. he said he didn't want to lose you.
 
Violation of constitutional rights generally involves "state action." That is, someone from the government or a government agent violates a constitutionally protected right. Private property, private employers are not part of the state and were not working at behest of the state. So, there is no state action. However, just because one works for a private employer does not mean that they are totally deprived of their rights. The employer may not install a camera in the bathroom or locker room (unless some court pre-approved of it).

OK, anyone interested in continuing this discussion under a hypothetical situation is invited to start a new thread. This thread is being closed at the request of OP.
 
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