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MI: Pharmacist Fired for Self Defense Loses Appeal
Gun Watch ^ | 23 September, 2014 | Dean Weingarten

Posted on 09/24/2014 6:34:02 AM PDT by marktwain


Jeremy Hoven is a pharmacist who worked at Walgreens in Benton Township, Michigan.   He had complained about security at the store after a robbery in 2007, and had obtained a concealed carry permit.   In 2011, at 4:30 a.m. on May 8th, he defended himself against armed robbers who had entered the store, taken a manager hostage, and who had tried to shoot him.   It was all captured on a dramatic video.  

Link to Video 
Halfway down article


A local police Lt. said that he would have done the same thing.  From abcnews.go.com:
Township police Lt. Delman Lange, after reviewing surveillance video, told the local paper, "If it was me, I would have done the same thing."
Eight days later, Hoven was fired from his $150,000 a year job at Walgreens.  Four months after being fired, in September of 2011, he filed a wrongful employment lawsuit, contending that Walgreens had violated his right to self defense.   

Fast foward nearly three years.   Jeremy Hoven has lost the initial court case (it was a federal lawsuit), and appealed to the Sixth Circuit.   On 2 June, 2014, Sixth Circuit Judge Karen Nelson Moore ruled against him and in favor of Walgreens. 

From modernmedicine.com:
Hoven filed a lawsuit against Walgreens claiming his firing violated his self-defense rights and his rights to carry a concealed weapon. The court disagreed, citing Hoven’s status as an at-will employee who could be fired at any time, for any reason.

While I think that Walgreens' policy is short sighted and counterproductive, and while I think Jeremy Hoven did the right thing, I also believe the court made the correct decision.   Private companies, just like private individuals, have the right to do stupid things.   Jeremy Hoven was an at-will employee.   As stated above, that means that his employer could fire him at any time, for any reason.   Any reason, even if the reason penalizes a man who did what most believe was something that may well have saved lives.   Many people called Hoven a hero.

When you agree to work without a contract, you can be fired at any time.   You can also quit at any time.   It is an important freedom that applies to everyone.   No doubt the $150,000 per year salary had something to do with his acceptance.   It is not unusual for professionals to work "at-will".   It is unusual for companies to fire them for protecting themselves.

Walgreens had the right to fire Jeremy Hoven for any reason it wants.   Everyone else has the right to shop, or refuse to shop, at Walgreens for any reason that they choose.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Business/Economy; Health/Medicine; Politics; Society
KEYWORDS: banglist; mi; pharmacist; walgreens
Being a pharmacist can be a dangerous job.
1 posted on 09/24/2014 6:34:02 AM PDT by marktwain
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To: Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; madison10; ...
He's a winner in my book. He's still alive and I'm sure there are plenty of other places who will happily hire him.

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Michigan legislative action thread
2 posted on 09/24/2014 6:38:26 AM PDT by cripplecreek ("Moderates" are lying manipulative bottom feeding scum.)
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To: marktwain

He should’ve declared that he was a trans-gendered Muslim, he would’ve not been fired. s/


3 posted on 09/24/2014 6:38:28 AM PDT by FreedomGuru (Time for torches and pitchforks.)
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To: marktwain

The man had a right to defend himself, but he was an at-will employee. As much as I disagree with Walgreens, they had a right to fire him.


4 posted on 09/24/2014 6:38:36 AM PDT by DarkSavant
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To: cripplecreek

The problem is that the local pharmacies ,like many other small businesses,cannot afford a full-time employee dedicated to keeping the company in compliance with all the government regulations;but large corporations can spread the cost of a compliance person over multiple locations.Regulations favor the larger corporations for this reason and it is why large corporations push for MORE regulation.

Those large corporations are very much more likely to be hostile to CCW holders and every corporate employee handbook I have seen has flatly prohibited ANY weapons at all company sites with an exception for on-duty police.Corporation lawyers argue that they can be sued and lose huge sums if an armed employee shoots anyone but they can’t be held liable for random acts of criminals not employed by the corporation;therefore it is better for the bottom line to prohibit employee,vendor, and vistor weapons by policy.That the policy deters no killers bothers the lawyers and insurance writers not one bit.

The pharmacist may have great difficulty finding another job as big chains like Walgreens ,CVS,etc. have replaced the neighborhood pharmacy all over America.


5 posted on 09/24/2014 7:01:23 AM PDT by hoosierham (Freedom isn't free)
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To: marktwain
Being a pharmacist can be a dangerous job.

Back when I was a Pharmacy Intern I worked at 7 mile and Woodward.

Tough neighborhood.

One day I came in and asked where the regular Pharmacist was and they told me he was shot. I quit.

I worked in Hospital Pharmacies after I graduated until I realized just how boring the job was and went back to Michigan to be an Engineer.

6 posted on 09/24/2014 7:10:05 AM PDT by Mikey_1962 (Democrats have destroyed more cities than Godzilla)
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To: marktwain

There are limits to the reasons they can fire him. They couldn’t legally fire him for converting to islam.


7 posted on 09/24/2014 7:15:18 AM PDT by BykrBayb (Depends on what the meaning of "IS" is ~ Þ)
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To: marktwain

I wonder if they would have posthumously fired him after he was shot down defending himself along with those other people?


8 posted on 09/24/2014 7:21:11 AM PDT by SkyDancer (I Was Told Nobody Is Perfect But Yet, Here I Am)
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To: DarkSavant

He argued the case wrong, it was a violation of a protected civil right under the 2nd. They cannot fire at-will employees because of race gender religion, etc so why should they be able to fire a person who has a constitutional protected right to self-defense?


9 posted on 09/24/2014 7:21:30 AM PDT by Mechanicos (When did we amend the Constitution for a 2nd Federal Prohibition?)
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To: Mechanicos

I think that is the tact that he used: the company violated his right to self-defense.

I may be established by court eventually, but obviously these courts did not recognize it.


10 posted on 09/24/2014 7:27:39 AM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: cripplecreek
If I owned another pharmacy there I would hire him in a heartbeat and post an appropriate sign at the front door.


11 posted on 09/24/2014 7:31:56 AM PDT by deoetdoctrinae (Gun-free zones are playgrounds for felons.)
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To: marktwain
Did they fire the manager who was held hostage?

Or did the manager sue Walgreens?

12 posted on 09/24/2014 7:44:24 AM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: marktwain

HE filed the wrong case. He needs to sue for endangerment and the failure of Walgreens to provide adequate security which placed his life in danger.


13 posted on 09/24/2014 8:20:17 AM PDT by CodeToad (Romney is a raisin cookie looking for chocolate chip cookie votes.)
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To: Mikey_1962

$150,000 per year salary. That is a good salary plus you get some excitement on occasion like a shootout.


14 posted on 09/24/2014 9:43:16 AM PDT by minnesota_bound
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To: marktwain
While I think that Walgreens' policy is short sighted and counterproductive, and while I think Jeremy Hoven did the right thing, I also believe the court made the correct decision. Private companies, just like private individuals, have the right to do stupid things. Jeremy Hoven was an at-will employee.

Except that he's not. There are tons of reasons for which they might want to fire him (or not hire him) but are not legally allowed to. If the goverment has decided to stick their nose in tent of deciding on acceptable reasons for termination of employment, how can personal safety not be one of them??

Even looking specifically at the issue of workplace safety, the onerous things OSHA demands of companies and workers suppposedly in the interests of preventing injury to workers are the job are ludicrous, sometimes so over-the-top that they actually make the job more dangerous. Yet NOW, only when the issue involves firearms, we suddenly discover respect for people's right to contract???

So I guess my point is that the ruling is correct, but is still wrong until we roll back all the other, far less reasonable intrusions into the employer-employee relationship.

15 posted on 09/24/2014 10:02:34 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: minnesota_bound
$150,000 per year salary

$150,000 per year in 1954 dollars is $1,326,312 per year. Not shabby at all.

Of course she would go on to own her own studios that were worth...

16 posted on 09/24/2014 11:24:55 AM PDT by Mikey_1962 (Democrats have destroyed more cities than Godzilla)
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To: cripplecreek
He's a winner in my book. He's still alive and I'm sure there are plenty of other places who will happily hire him.

Having only glanced at the headline, I thought he had been convicted in the shooting.........

Pharmacists are like programmers, high paid gypsies in high demand and who jump from job to job depending on the pay.........

Yea, he'll get another job but it sucks to be fired from one for what he did.........

Being an "at will" state does have its disadvantages........

17 posted on 09/24/2014 1:59:46 PM PDT by Hot Tabasco (Don't harsh my buzz homie......)
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To: marktwain

He lost but there’s a way to make sure Walgreen’s doesn’t win. Stop shopping at Walgrens and let them know why you’re stopping. And tell them, let us know, when they change their policy and you’ll return to being a Walgreen’s customer.

Then follow through.


18 posted on 10/03/2014 9:40:52 PM PDT by Jabba the Nutt (You can have a free country or government schools. Choose one.)
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