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Stewart v. FedEx Express

Superior Court of Pennsylvania

April 17, 2015

TIMOTHY J. STEWART, Appellant
v.
FEDEX EXPRESS AND FEDERAL EXPRESS CORPORATION, Appellees

Argued January 28, 2015

Appeal from the Order of the Court of Common Pleas, Beaver County, Entered June 24, 2014, Civil Division, No(s): 11222-2013. Before KUNSELMAN, J.

Gregory G. Paul, Sewickley, for appellant.

Terrence O. Reed, Memphis, TN, for Federal Express Corporation, appellee.

BEFORE: BOWES, OLSON, and STRASSBURGER,[*] JJ.

OPINION

Page 425

STRASSBURGER, J.

Timothy J. Stewart (" Stewart" or " Mr. Stewart" ) appeals from the June 24, 2014 order which sustained the preliminary objections filed by FedEx Express and Federal Express Corporation (" FedEx" ), and dismissed Stewart's complaint. We affirm.

The trial court summarized the facts of this case as follows.

[Mr. Stewart] was employed at FedEx as a senior security specialist for almost six years, from April 9, 2007 through April 17, 2013. On April 5, 2013, Mr. Stewart and Kelly Kraemer, another senior security specialist, traveled together

Page 426

for work from the FedEx Pittsburgh Ground headquarters to the FedEx office in Cranberry. Mr. Stewart used his [ personal vehicle for this trip. During their trip from one FedEx location to another, Mr. Kraemer asked Mr. Stewart if he could put his car keys in the glove compartment of Mr. Stewart's car. Mr. Stewart gave Mr. Kraemer permission to put the keys in the glove box, but he advised Mr. Kraemer that he carried a handgun in the glove compartment. Mr. Stewart also informed Mr. Kraemer that he had a valid permit to carry a weapon. At all relevant times, Mr. Stewart maintained a Pennsylvania License to Carry Firearms issued by the Sheriff of Beaver County.
A few days later, on April 10, 2013, Mr. Stewart was summoned to a meeting at the Pittsburgh airport. At the meeting, Tom Herity, Manager of FedEx Zone Security in Chicago, informed Mr. Stewart that he was being investigated because of allegations concerning a handgun in the glove compartment of his car. A week later, on April 17, 2013, Mr. Stewart was terminated for violation of FedEx Policy 8.10, which, in relevant part, prohibits employees from possessing firearms or weapons on company property.
Specifically, the FedEx policy provides:
No firearms or weapons are permitted on Company property, in Corporate aircraft, in Company vehicles, or in Corporate buildings unless authorized by Corporate Security. Where federal, state or local laws impose different or ...

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