ILNews

Mishawaka man sues Walgreens over alleged violation of 'guns in workplace' laws

Back to TopCommentsE-mailPrintBookmark and Share

A former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for lawfully carrying his gun into another Walgreens location where his wife worked.

Jonathon C. Hartzell and his wife worked at separate Walgreens locations in Mishawaka when he visited her on Sept. 27 on his day off. Hartzell has a valid license to carry a handgun and had a gun on him when he went into his wife’s store. A Walgreens employee asked him to leave because he was not allowed to have the gun inside the store per Walgreen rules.

Hartzell told company representatives that Walgreens’ policy violates Indiana’s “guns in the workplace” statutes. He was placed on temporary suspension on Oct. 2 and fired Oct. 8.

Attorney Guy Relford filed the suit on behalf of Hartzell and claims the company violated Indiana Code 34-28-8-6, which prohibits most employers from creating a policy that requires employees to disclose whether they possess, use, own or transport firearms – and 34-28-7-2, which prohibits most employers from creating a policy preventing employees from having a gun locked in an employee’s car and out of plain sight.

The laws were passed in 2011 and 2010 respectively.

“Plaintiff’s lawful possession of a firearm on September 27, 2012 was the sole basis for the termination of his employment,” the suit says. “Therefore, Walgreen conditioned Plaintiff’s employment on his agreement to ‘forgo his lawful possession of a firearm’ in direct contravention of Ind. Code 34-28-8-6.”

Relford also argues Walgreens’ “policy against workplace violence” is overly broad and in violation of 34-28-7-2 because it forbids guns anywhere on company property, even if it is stored in an employee’s locked car and out of plain sight.

Hartzell seeks actual damages, punitive damages, attorney fees, court costs and an injunction ordering Walgreens to amend its policy against workplace violence to comply with the Indiana statutes at issue.

This is the second lawsuit Relford has filed challenging company policies that allegedly violate the “guns in the workplace” statutes. A suit filed in September in Morgan County against a security company claims ADM Enforcement Inc. required armed security guard Thomas Jordan to disclose whether he had any guns that weren’t approved by the company. The suit also alleges the company adopted a policy prior to Sept. 1, 2012, that prohibited any ADM employee from possessing a gun not approved by the company, including those locked in an employee’s vehicle and stored out of plain sight.
Relford said discovery is just beginning in the Morgan County case, Thomas Jordan v. ADM Enforcement Inc., 5502-1209-PL-1981.

 

ADVERTISEMENT

  • comment
    It wasn't his workplace he brought the gun into, it was his wife's. He knows what he did was wrong.lol it eludes me why he felt he needed to carry the weapon into the store with him when visiting his wife. if i were an employee i'd suspect that he wanted to harm someone. get the bull out of the china shop and all. from my experience, if a store is in a high crime area, Walgreens hires a security guard for the store anyway.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

ADVERTISEMENT