SEARS fires Alaskan for conceal and carry

[Alaskan]

Malory Burns

Assistant General Counsel, Labor and Employment Law

Sears Holdings Management Corporation

Law Department

3333 Beverly Road - B6-377B

Hoffman Estates, Illinois 60174

Telephone 847-286-3389



Dear Ms. Burns:



On 5 August 2008 our client, R. L. I., was working with a customer in the Laundry Appliance Department in the Anchorage, Alaska Sears store where he had been employed for the past five years. He received a phone call from the manager of the security department who requested that Mr. I. come to the security department immediately.

When Mr. I. entered the security department he was spread-eagled and searched by two Anchorage Police Officers while the Sears' Security Manager looked on. The officers removed Mr. I.’s concealed firearm and his NRA folding knife. Mr. I. was then terminated of the spot and escorted to his vehicle where his firearm and knife were placed in the trunk of his vehicle. The policemen told Mr. I. that he had not broken any laws and could retrieve his possessions from his vehicle's trunk as soon as he cleared Sears' property. The Sears' Security Manager then informed Mr. I. that he was banned from Sears' property for life and would be arrested for criminal trespass if he ever set foot on Sears' property again.

At the time, Mr. I. had been employed at that Sears' Store for over five years and had been one of the top producers in the store and was well liked by other employees.

Alaska law allows law abiding citizens to carry a concealed firearm without a permit, a practice that is no-doubt foreign to a resident of Illinois like yourself. We Alaskans are proud and protective of our right to keep and bear arms.

Alaska law also provides that there is an "Implied covenant of good faith and fair dealing in every employment at will contract". See Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983), a landmark case handled by this office. Even if Mr. I.'s termination was proper, the method of such termination, and the banning him forever from Sears' property, are outrageous and certainly could not be considered "fair dealing".

When I tried to discuss the matter with Angel Miller, the local Sears' Security Manager, she immediately "lawyered up" and told me to contact you, which I did.

….I sincerely hope this matter can be amicably resolved without the necessity of either litigation or adverse publicity to Sears. Mr. I., however, was treated like a terrorist and humiliated in front of his peers. Furthermore, he lost employment that he not only enjoyed, but was good at performing.

When you and I talked last month, I suggested that you speak to "the-powers-that-be" in the Sears' hierarchy about getting Mr. I. back to work and, certainly, about obtaining a change (at least for the Anchorage store) in what is apparently a current Sears' policy of "zero -tolerance" for firearms. You asked to have until the middle of this month to get back to me.

Since I have heard nothing further from you, I wanted to remind you of our concerns. Please understand that if this matter is not resolved shortly, we will feel free to pursue other avenues for resolution.

Thank you for your attention to this matter.

Sincerely,



Wayne Anthony Ross

Attorney at Law

327 East Fireweed Lane

Anchorage, Alaska 99503





Malory Burns

Assistant General Counsel, Labor and Employment Law

Sears Holdings Management Corporation

Law Department

3333 Beverly Road - B6-377B

Hoffman Estates, Illinois 60174



Dear Mr. Ross:

I am writing as a follow–up to our call last month and your letter dated January 15, 2009.

As I explained to you when we spoke, Sears’ position remains that Mr. I’s termination was warranted based on his violation of a longstanding Sears’ policy prohibiting weapons in the workplace. While we understand that you disagree with that policy, the fact remains that Mr. I., an employee-at-will, violated it. Please be advised that Sears will vigorously defend any legal action challenging Mr. I’s termination.
With regard to your suggestion that Sears change its policy regarding weapons in the workplace, Sears has no intention of doing so at this time as we remain focused on providing a safe shopping and work environment for our customers and associates.

Very truly yours,

Malory Burns

[wolfhunter]

I quit shopping at Sears-mart at about the same time they started importing tools with the Craftsman logo.

[Alaskan]

I wonder if the cops gave his GUN and NRA KNIFE back yet
or why they took them in the first place?

[wolfhunter]

I wonder if the cops gave his GUN and NRA KNIFE back yet
or why they took them in the first place?

From the OP: "...escorted to his vehicle where his firearm and knife were placed in the trunk of his vehicle. The policemen told Mr. I. that he had not broken any laws and could retrieve his possessions from his vehicle's trunk as soon as he cleared Sears' property."

[Glock Fan]

I will avoid shopping at Sears and parent company K-mart whenever possible due to their anti-gun policy.



gf

[Alaskan]

From the OP: "...escorted to his vehicle where his firearm and knife were placed in the trunk of his vehicle. The policemen told Mr. I. that he had not broken any laws and could retrieve his possessions from his vehicle's trunk as soon as he cleared Sears' property."

Put them in the TRUNK?
That's as bad as taking them to the station and telling him
" only his Mom can come pick them up for him".
Sears is doing really bad in Alaska without this going PUBLIC.

[wolfhunter]

Put them in the TRUNK?
That's as bad as taking them to the station and telling him
" only his Mom can come pick them up for him".
Sears is doing really bad in Alaska without this going PUBLIC.

I just quoted what you posted. A boycott convinced K-mart to rethink their plan to discontinue ammo sales. Maybe another boycott is needed.

[Piece Corps]

I stopped shopping at Sears a long time ago - their prices are not competetive and if you use their credit card, you end up paying around 23% interest, which used to be considered usury only a short time ago.

[ricbak]

2nd try on this post, I think a couple of us hit the server at the same time... cool....
Yes Sears has been going down the sewer for awhile. Like Deer/Wolfhunter I started buying tools from sears/kmart, poor quality and poor cust service. In this Economy, Big Box People have Cust Service people watching forums for comments like these. Just the same, sear/kmart does not need my support.

[krazyk]

**** SEARS and **** their credit card