Wisconsin Carry, Inc. Legal Victory! Company Compensates Legally Armed Employee for Wrongful Termination

In 2024 a La Crosse man "Eric" was on a business trip to Milwaukee on behalf of his employer "Andar Software" with a legally carried firearm in his vehicle.  He and another pro-gun co-worker were discussing firearms with a 3rd co-worker in the vehicle.  During the conversation, which took place in a public parking garage, the 3rd co-worker overheard a gun was in the vehicle and later reported/complained to a supervisor about the event.  Andar Software then terminated Eric for having a firearm in his personal vehicle.  Eric contacted Wisconsin Carry and Wisconsin Carry filed a suit on his behalf. 

In Wisconsin, you are allowed to keep your firearm in your personal vehicle even when parked on company property.  Unfortunately, many companies are either unaware of state law, or disregard it.  Wisconsin Carry, Inc. will ensure these rights are respected and protected. 

Wisconsin Carry is pleased to announce a settlement has been reached in this case.  Andar Software has compensated the wrongfully terminated employee.  The financial terms of the settlement are confidential.  Eric indicated to Wisconsin Carry, Inc. President Nik Clark that he was "extremely happy" with the outcome/payout.  This case is the 2nd time Wisconsin Carry, Inc. has funded lawsuits against employers who wrongfully terminated employees for the mere fact of having a legally carried firearm in their personal vehicle. Wisconsin Carry, Inc. would like to thank our dues paying members who's support makes these lawsuits and victories possible.  These settlements will set a persuasive precedent putting other employers in Wisconsin on notice to respect employee gun rights.

 In 2014 A Wausau man who worked for Kolbe and Kolbe was fired for having a legally carried gun in his personal vehicle which was parked on company property.  Wisconsin Carry sued and obtained a satisfactory settlement for the employee.  Link: Wisconsin Carry lawsuit against Kolbe and Kolbe

Know Your Rights - Be Smart - Be Prepared

KNOW YOUR RIGHTS
Wisconsin law states:  "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."  

As evidenced by the 2 lawsuits Wisconsin Carry has filed on behalf of wrongfully terminated employees, the law alone doesn't protect you. What should YOU do?

BE SMART
First, protect yourself.  Your employer may or may not respect your right to carry.  Your boss may be pro-gun, but is your boss's boss pro-gun?  Even employees who think their co-workers/employer respects the right to keep and bear arms, may find themselves and their employment at risk unexpectedly. It only takes one sensitive employee and one complaint to jeopardize your job and livelihood.  Wisconsin Carry does not make a habit of telling people what to do or how to act but our experience does dictate you should use discretion regarding who you choose to share your carry habits with.  Carrying discretely may be your best option when it comes to carrying in your personal vehicle.  If no one knows you have a gun in your vehicle, no one can file a complaint against you and you will never have to find out if your employer knows or respects state law.  Even though Wisconsin Carry is here to protect your rights, litigation is not a quick or pleasant process.  With that said, even the most careful employee may still find themselves facing termination from their employer.  In another case Wisconsin Carry handled a school fired an employee for drug use on company property and the terminated employee tried to excuse their behavior by telling school administration another faculty member (who he was friends with) kept a gun in his vehicle.  Loose lips, sink ships.  One teacher was "ratted out" unintentionally by another teacher they considered a friend.  A 'disgruntled ex' could even try to seek revenge by telling your employer you have a firearm in your vehicle.  What do you do if, in spite of your best efforts, your employer terminates you for a lawful act?

BE PREPARED
If you get a worrisome email/message from your boss, your companies HR department, etc, there are things you can do to help Wisconsin Carry protect your rights.  Documentation is key!  Consider starting a video/audio recording on your smartphone prior to entering a meeting that gives you concern.  If you are wrongfully terminated, Wisconsin Carry's attorney will need to be able to document the reason for your firing was the legally carried firearm.  A smart employer knows Wisconsin is an at-will state and they can fire you for almost any reason.  Without documentation, an employer who fired an employee for having a gun in their vehicle could later claim the reason for the firing was poor performance (or any number of substitute excuses).  If an employee had an audio recording of a meeting where a firearm was cited as the issue/reason for termination this has great future evidentiary value.  An employee could even ask during an interaction "am I being fired for having a gun in my vehicle?" to capture evidence on a recording.  An employee should save prior performance reviews to document satisfactory or exemplary performance so an employer cannot later claim otherwise.  An employee should save any and all written documentation (emails, texts, memos, letters) from their employer which documents the reason for termination.  Upon termination an employee should even ask their employer to document the reason for termination immediately.  What you should NOT do!  Do not try to defend yourself in the moment by citing state law.  This could backfire.  When your employer has decided to terminate you, virtually nothing you will say would change their mind but it could give them the opportunity to cover up their mistake.

Wisconsin Carry is here to help.  If you are wrongfully terminated reach out to us!  ALSO please consider encouraging your pro-gun friends, family and associates to join Wisconsin Carry.  It is the support of dues paying members that allow Wisconsin Carry do what we do.  "Lawsuits don't file themselves" and Wisconsin Carry could use additional support.

Stay Free and Carry On!

-Nik Clark
Chairman/President - Wisconsin Carry, Inc.
nik@wisconsincarry.org