Disney Employee Fired

[Bob]

Here's a link to an Orlando station that seems to differ with the
article I quoted earlier.

Disney Employee Suspended After Bringing Gun To Work - News Story - WFTV Orlando

<Quote>
ORANGE COUNTY, Fla. -- A new state law went on the books Tuesday saying
people could bring guns to work if they kept them locked in their car.
Disney, though, said it was exempt from the new law and its 62,000
employees needed to keep their guns at home.

Friday, a worker who protested the park’s decision told Channel 9 he was
suspended.

The worker was well aware that he could end up losing his job when he
took the gun to work Friday morning, but said that the principle at
stake means enough to him that he was willing to take the risk,
especially on the day we celebrate the country and our freedoms.

As he pulled into work, Edwin Sotomayor recorded Sheriff’s Deputies and
Disney managers waiting for him. After he refused a car search, managers
drove Sotomayor to their offices, questioned him further and then sent
him to his normal post. Four hours into his shift, Sotomayor says he was
suspended.

Disney told employees it is exempt from the new law that allows them to
bring a gun to work, because it stores fireworks on site.

Disney told Channel 9 he was suspended because he wouldn’t cooperate
with their investigation. They also said he could be fired for carrying
the gun, which he says is about safety on his ride to work.

Sotomayor says he’s willing to be the test case for the new law, even if
it means losing his job and going to work.

Disney is investigating the case internally. While Disney employee files
are confidential, sources day Sotomayor has been disciplined by Disney
in the past. Sotomayor insists he is testing this law on his own and
hasn’t been contacted by groups like the NRA.
<End Quote>

One more bit of information.
ORLANDO, FLORIDA

<Quote>
News from OCSO Media Relations
Sheriff’s deputies did not request to search employee’s car for weapons

News reports stating or implying deputies requested search were
inaccurate.

On Friday, July 4th the Orange County Sheriff’s Office responded to a
standby call at Walt Disney World in reference to a Disney employee who
was believed to be transporting a gun in the trunk of his car on Disney
property. Deputies responded to the call for service and upon arrival,
at the request of Walt Disney World management, issued a trespass
warning to Edwin Sotmayor.

During an evening newscast a reporter from WKMG TV-6 incorrectly
reported that Orange County Deputies “asked to search the car of Edwin
Sotomayor.” A reporter covering the same story for WESH TV-2 stated,
“They asked him if they could search his vehicle, and when he refused,
he was suspended and banned from the property,” implying that Sheriff’s
deputies made a request to search Sotomayor’s vehicle.

At no point did a deputy sheriff request to search Mr. Sotomayor’s
vehicle. Deputies were called to the scene by Disney management
personnel to maintain order and to issue a formal trespass warning to
Mr. Sotomayor at their request.
<End Quote>

The above does not address the question; Did a Disney manager
ask to search the vehicle.

May I indulge in some Musings?

- Disney lawyers assisted in writing last minute exceptions to the law.
If Mr.Edwin Sotmayor wanted a "test case" he should have lawyerer up
first and then proceeded with attorney consuled actions.

- Legal test cases are expensive. According to a report I read this
past Sunday he was at a gun show getting autographs on a T-shirt
he planned to auction on E-Bay.

- Mr.Sotmayor may have to file a Unemployment claim; not a Second
Amendement case.

- IF Mr.Sotmayor had prior disciplinary action and it is documented
by Disney he's going to have problems justify his actions.

- I'm guessing Disney World has a Class A fireworks liscense. That
liscense requires a "magazine" storage area for explosives as
mandated by law.

A tip of the Fodira to:

Palmach
KimberPB
FN1910
tcotariu
for their contributions to this post!

Best wishes and Good luck!

[Ruger Lady]

From what you just posted Bob, this guy might even find it hard to find a lawyer to take this case. It sounds like he screwed up from the beginning by not consulting a lawyer first and if he did, I wonder what type of lawyer he/she was. I wish him luck. Disney shouldn't be exempt from this law.

[Palmach]

One could argue that he might have made better preparations for the case, however, the issue comes down to whether or not Disney is exempt from the law.

If the law states that an employer does not have the right to question an employee regarding a firearm, or to search their vehicle for a firearm, then the quote from a Disney rep below clearly states that they were in violation.


"He refused to deny or confirm he had a gun in his car, and he refused to let our security check. So we suspended him and told him he would not be allowed back on the property pending further investigation," said Zoraya Suarez, a spokesperson with Walt Disney World.

The law was in place, he let them know that he was going to carry to work, they had police standing by. Unless Disney can prove they are exempt, I still do not see how this is his problem. I actually think it was Disney who prepared poorly.

I do appreciate the diverse opinions of all those contributing to the thread. I live 20 minutes from Disney and don't give them any of my money.

[FN1910]

If Disney fired him for having a gun in his car then they are in trouble because they cannot prove that he had one therefore the fact that he had or did not have a gun on Disney property cannot be a basis for his firing. The fact that he did not allow Disney employees to search his car for whatever reason is a different story and I don't know the law on that. However they could not fire him for having a gun. In this case the exemption does not even come into place unless the fact that he didn't allow a search falls under that same law.