518-373-4111
Q: We have an employee in our retail store who has demanded to be able to carry a Taser with him while at work. He has threatened to sue if he is not allowed to and is injured at work. How should we handle this?
A: You certainly do not have to allow this employee to carry a Taser or any other weapon while in your store. Many organizations adopt policies banning guns and other weapons in the workplace. Carrying a weapon for self-defense at work is not a protected activity, therefore the employee’s threat to sue should not overly concern you. An employee’s remedy for workplace injuries is the workers compensation system or legal action against the person who injured them. (It is worth noting that carrying a ceremonial blade for religious reasons can sometimes be a religious accommodation.)
The question does bring up some issues worth considering. These would be the liability created by an employee with a weapon and the liability your company faces if you are operating in a location where employees may be unsafe.
The employee may want to carry a Taser for self-defense, but an employee with a weapon creates a significant risk for your business and may well be a bigger threat than potential shoplifters and hooligans. The company would very likely have vicarious liability for any harm that came from the use of the weapon during the employee’s shift. In addition to exposing you to liability for his actions, allowing an employee to carry a weapon may create customer service or other brand image issues.
Your employee’s demand may indicate that he does not feel safe in your workplace. We recommend that you review your security precautions and take any reasonable steps to improve workplace safety. Additionally, you should train all employees on your safety precautions and procedures, including what to do in case of suspected theft and/or physical injury, and have them acknowledge that they understand and will follow your workplace safety policies.
This information and more is available from GTM’s HR Central. Contact us today at (518) 373-4111 to see how your business can benefit from this valuable service.
