And even if they don't state that as the reason, it would come down to proving it in court. If a person has glowing performance reviews, no policy violations in their file, and they are suddenly fired right after a random search finds a legally owned firearm in their vehicle, you probably won't even need a very good attorney.twomillenium wrote:AS I said, if that is the reason they use to terminate you, then it has been proven, already.1911 10MM wrote:Good luck proving that in an "At Will" state.twomillenium wrote:If they terminate your employment for that very reason, just think of the backpay and maybe punitive damages you may get.Scott65 wrote:Not sure about the OP, but some of us are subject to random searches... Makes for some potential high stakes gambling on a daily basis.
Substitute the words "right after the employee comes out as gay" with finding a firearm, and you can probably find plenty of cases with significant settlement payments, or judgments in favor of the wrongfully terminated employee. My sister in law was terminated from her job a week after she told her supervisor that she was pregnant. She ended up with a cash payment equal to more than 2 years salary. That was after attorney's fees.
Back to the OP - I wouldn't hesitate to let the company know that their policy is in violation of the law. Make clear that you are mentioning this out of concern for the company. Then again, I am in a management position at my company so part of my job is to look out for the company's best interests. I would do the same thing if I thought that we might be violating tax regulations, export compliance, or anything else. It might go over better if worded as a question versus an accusation.