Q In instances of reasonable suspicion or when it relates to the company’s workplace violence policy prohibiting the possession of weapons, are we allowed to search an employee’s vehicle on company property, and can we add this to our employment policy?
Like most legal answers, it depends. In recent years, many states have passed what are known as “parking lot laws.” These types of statutes prohibit employers from banning firearms in their parking lots and, in some cases, prohibit employers from searching an employee’s vehicle for the presence of firearms. Therefore, before updating any policies, or even searching employees’ vehicles, you should look into your state’s governing law to ensure compliance.
Over 20 states have now passed some form of parking lot law, including Tennessee, West Virginia, and Kentucky. For example, under Tennessee law, employees lawfully carrying handguns may store the weapon in their vehicle at work if (1) the vehicle is parked in a location where it is permitted to be and (2) the firearm is kept from ordinary observation or—if the person isn’t in the vehicle—is kept from ordinary observation and locked away/securely affixed to the vehicle.
Similarly, in West Virginia, state law forbids employers from prohibiting any employee from possessing a firearm when the firearm is: (1) lawfully possessed; (2) out of view; (3) locked inside or locked to a motor vehicle in a parking lot; and (4) the employee is lawfully permitted to be in the area. However, West Virginia’s statute goes a step further and prohibits employers from “conducting an actual search of a motor vehicle in a parking lot to ascertain the presence of a firearm.” A limited exception for vehicle searches does exist under the state statute, but they may be conducted only by “on-duty, law enforcement personnel, in accordance with statutory and constitutional protections.” Florida, Georgia, and North Dakota all have similar statutory provisions regarding vehicular searches.
You should also note that parking lot laws may cause damage to employees if you violate them. In Kentucky, if an employer fires, disciplines, or otherwise punishes an employee who is acting in accordance with its parking lot law, that employer will be liable for civil damages. Kentucky employees may also seek an injunction against their employer for violating the law as well.
Bottom Line
With parking lot laws becoming more pervasive, you should be mindful of what you can and can’t do under state law. Consulting an attorney before updating workplace violence policies or searching employees’ vehicles will ensure you comply with the law and don’t expose yourselves to any potential liability.
Chase Riggs is an attorney with Steptoe & Johnson PLLC in Bridgeport, West Virginia, and can be reached at 304-933-8366 or chase.riggs@steptoe-johnson.com.