Hansen v. America Online, Inc.

96 P.3d 950 (2004)

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Issues

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Nature Of The Case

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Facts

Ps were employed by D at its call center in Ogden, Utah. The call center is located in a strip mall. D leased and reserved for its exclusive use, up to 350 parking stalls from the strip mall's larger public parking lot. D's company policy prohibited employees at the Call Center from carrying or possessing a firearm of any type at the call center or in its exclusive parking lot. A printed notice of the policy was displayed in the entrance lobby. Ps admitted that they each had seen this policy displayed and knew the terms of D's Workplace Violence Prevention Policy at the time they brought firearms onto the D parking lot. On September 14, 2000, Ps, all of whom were off-duty at the time, met in the lot where their cars were parked. Each had a firearm in his car, and they planned to go target shooting at a local gun range. A security camera recorded Ps transferring their guns to one car in the parking lot. Four days later, D discharged the employees. D acknowledged that the men were discharged because they violated AOL's Workplace Violence Prevention Policy. Ps filed a lawsuit alleging wrongful termination. Ps claimed their possession of firearms in the D parking lot was protected by a clear and substantial public, policy. Ps and D filed motions for summary judgment. The trial court denied Ps' motion and granted D's. Ps appealed.

Holding & Decision

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Legal Analysis

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