Federal Court Upholds Firing of Pharmacist

Law Shield wants to alert our members to a case that can affect our ability — or inability —  to carry at work.

The U.S. Sixth Circuit Court of Appeals found earlier this month that Walgreens could fire Jeremy Hoven, a pharmacist, for defending himself with his handgun during a robbery.

A legal concealed-carry permit holder, Hoven was fired by the company in 2011 after he exchanged gunfire with an armed robber while at work.

Hoven was robbed at gunpoint in 2007 while working for Walgreens. After Walgreens failed to implement extra security precautions at Hoven’s request, the druggist obtained a Michigan concealed-carry permit in 2008 and started going to work armed.

On May 8, 2011, two armed subjects entered his store and after one jumped the counter, pointed a gun at Hoven, and started to pull the trigger, the pharmacist retreated and fired his own handgun at the subject.

Five days later, Walgreens told Hoven he had violated the store’s non-escalation policy and had the choice to resign or be terminated. After refusing to resign, he was fired effective May 13, 2011. This led to Hoven filing a lawsuit in local court, which was in turn moved to the United States District Court for the Western District of Michigan.

Law Shield wants to point out that in several cases, companies have fired employees who violated established “no weapons” polices, even when in defense of their lives. Gun policies of private businesses have a significant impact on the ability to bear arms in public.

Video Available Here.

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