114 A.3d 424
Pa. Super. Ct.2015Background
- Timothy J. Stewart worked as a FedEx senior security specialist from April 2007 to April 2013 and held a Pennsylvania license to carry firearms.
- On April 5, 2013, Stewart drove a coworker between FedEx locations in his personal vehicle and told the coworker a handgun (which he was licensed to carry) was in his glove compartment.
- FedEx learned of the handgun, investigated, and terminated Stewart on April 17, 2013 for violating FedEx Policy 8.10, which prohibits firearms on company property, in company vehicles, or in corporate buildings unless authorized.
- Stewart sued for wrongful discharge, alleging termination violated Pennsylvania public policy protecting the right to bear arms (citing Pa. Const. art. I, § 21 and 18 Pa.C.S. § 6106).
- The trial court sustained FedEx’s preliminary objections (demurrer) and dismissed the complaint; Stewart appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination violated Pennsylvania public policy protecting right to bear arms | Stewart: firing for having a licensed firearm in his car on company-related travel violates public policy and his constitutional/statutory rights | FedEx: at-will employment permits termination absent a statutory or contractual prohibition; no Pennsylvania statute protects employee firearm possession on employer property | Court: No public-policy exception; Pennsylvania law does not recognize a right to carry a concealed or in-vehicle firearm that prevents employer discipline; dismissal affirmed |
| Whether ambiguity or lack of articulated reason for termination invalidates dismissal | Stewart: policy ambiguous and FedEx didn’t state a lawful reason | FedEx: employer may terminate at-will for any or no reason unless public policy or statute prohibits it | Court: Irrelevant—only public-policy/statutory protection could give rise to wrongful termination claim |
| Whether Mitchell (Ky.) controls | Stewart: cites Mitchell (employee protected by Kentucky statute) as persuasive authority | FedEx: Kentucky statute differs materially from Pennsylvania law; no comparable Pennsylvania statute exists | Court: Mitchell inapplicable because Pennsylvania has not enacted similar statute protecting firearm possession in vehicles on private property |
| Whether statute cited (18 Pa.C.S. § 6106) creates affirmative right to carry licensed firearm in vehicle | Stewart: cites § 6106 and constitution as supporting public policy to bear arms | FedEx: § 6106 criminalizes unlicensed carriage; it does not create an affirmative right limiting employers | Court: § 6106 and Pa. Const. do not establish a public-policy exception that bars employer discipline in this context |
Key Cases Cited
- Weaver v. Harpster, 975 A.2d 555 (Pa. 2009) (establishes narrow public-policy wrongful termination exception in Pennsylvania)
- Donahue v. Federal Exp. Corp., 753 A.2d 238 (Pa. Super. 2000) (summarizes categories where public-policy exception applies)
- Mikhail v. Pennsylvania Organization for Women in Early Recovery, 63 A.3d 313 (Pa. Super. 2013) (discusses limits on public-policy wrongful termination claims)
- Commonwealth v. McKown, 79 A.3d 678 (Pa. Super. 2013) (Pennsylvania law does not confer right to carry concealed or transport a loaded firearm in vehicle)
- Mitchell v. University of Kentucky, 366 S.W.3d 895 (Ky. 2012) (Kentucky Supreme Court upheld wrongful discharge claim based on state statute protecting firearm possession in vehicles; distinguished here)