A former bank manager who was allegedly fired for carrying a legal, concealed handgun inside a Wells Fargo bank in Oldsmar, Fla., is suing her former employer.
Ivette Ros, 37, has filed a lawsuit in circuit court against the bank, alleging that termination violated her constitutional right to carry a firearm, the Tampa Tribune reports.
“I am within my constitutional right,” Ros told the Tribune. “The bank is one of the places that I am able to carry a weapon to. My weapon was concealed. I have a certified license.”
Someone reported Ros to bank officials last year for packing heat.
“I’m a manager of a bank,” Ros told the Tribune. “We have a lot of robberies that happen in our banks. I feel safer having that weapon if I ever needed to protect my employees.”
The single mother of three was fired for violating Wells Fargo’s ban on employees' carrying weapons.
“Team members are strictly prohibited from possession of firearms and weapons on company premises,” spokeswoman Kathy Harrison said.
Noel Flasterstein, Ros’ lawyer, told the Tribune that the bank cannot discriminate against law-abiding employees.
“Just because it’s in their handbook doesn’t mean it is correct or it will withstand a legal scrutiny or a legal investigation, which is what we’re doing in this case,” Flasterstein said.
Jason Bent, a law professor at Stetson University College of Law, said Ros was outside her legal rights because Wells Fargo is a private employer.
“There is nothing in the state statute that says the employer has to let her bring it into the building,” said Bent.
Ros’ lawyer disagrees.
“The second amendment is not a privilege,” Flasterstein said. “It’s a freakin’ right.”
Ros is seeking monetary damages and attorney fees.
A California court earlier this month overturned rules that allowed counties to limit the right to carry concealed weapons, a decision that resulted from a change in state law in 2012 that repealed the right of people to carry unloaded firearms publicly, the Los Angeles Times reports.