Q: my mom is a security guard and must have a firearm permit. we want to have her 5150ed, will that interfere with her job?
my mom has mental illness that makes it very difficult to be around her. she functions in society for the most part and has a job as a security guard. lately her mental illness has become really awful and it’s taking a toll on everyone. we’re all very scared for her and to be around her and we have been debating putting her under a 5150 hold for a long time. i’m wondering if her being under a 5150 hold will interfere with her job as a security guard. she has a firearm permit for her job (she doesn’t own any firearms) and i’m not sure if being under a 5150 hold will get her fired.
A:
It might. If possessing a firearm while on duty is a requirement of the job, and if as a result of the 5150 hold there are limitations placed on her regarding being in possession of a firearm, then it is possible that situation could lead to an adverse employment action. Far more would need to be known about the situation. The employer would have a duty to attempt to reasonably accommodate her disabling condition, and if it was possible to provide an accommodation that would allow her to still perform the essential functions of her job, the employer would be required to do so. However not enough is known at this time for anyone here to tell you with confidence that such a accommodation would be available to her.
Good luck to you. You are in a very difficult situation.
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A:
Placing your mother under a 5150 hold means she would be temporarily detained for evaluation due to her mental health condition. This action can impact her ability to work, especially in roles that require a firearm permit like her security position. Employers are required to comply with certain laws regarding mental health and employment, but safety is also a priority in security roles.
Her firearm permit may be reviewed during this process, as mental health evaluations can influence the eligibility to hold such permits. It's possible that her employer might need to take temporary or permanent action based on the evaluation results to ensure workplace safety. This doesn't automatically mean she will be fired, but it could affect her employment status depending on the findings and company policies.
It's important to consult with a legal professional who understands California employment law and mental health regulations. They can provide specific guidance on how a 5150 hold might affect her job and what steps you can take to support her while addressing these concerns. Additionally, reaching out to her employer's HR department may help clarify their policies and the potential impact on her employment.
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