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Hansen v. America Online, Inc.

Utah Supreme Court
96 P.3d 950 (2004)

Written by Sara Rhee, JD

Facts

Luke Hansen, Jason Melling, and Paul Carlson (plaintiffs) were employed by America Online, Inc. (AOL) (defendant) to work at a call center in Ogden, Utah. AOL had a company policy prohibiting employees from possessing firearms at the call center or in the private parking area leased by AOL for its employees. The policy was prominently displayed, and the plaintiffs were aware of the prohibition. Melling and Carlson were observed transferring firearms into Hansen’s car in the parking area before leaving to go target shooting at a gun range. As a result of this firearm possession, AOL discharged the plaintiffs, who were at-will employees. The plaintiffs sued for wrongful termination, arguing that their right to possess firearms was protected by public policy. The trial court granted summary judgment in favor of AOL. The plaintiffs appealed.

Rule of Law

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Issue

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Holding and Reasoning (Nehring, J.)

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