Employers that allow their employees to carry

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ScottDLS
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Re: Employers that allow their employees to carry

#31

Post by ScottDLS »

If you were terminated shortly after it was somehow discovered that you had a gun in your car in the parking lot, then you would likely have a decent case for wrongful termination. If not, why did Texas bother passing the law at all? Regardless of whether Texas (like the other 49 states) is an employment at will state, the legislature has prohibited employers from doing this. While there is not a specific cause of action for a civil suit in the law, it seems that you would be able to make a case based on common law or other statutory basis. Employers, especially larger ones, take a significant risk by openly flouting public policy in their employment practices as it is articulated in state law.
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Grundy1133
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Re: Employers that allow their employees to carry

#32

Post by Grundy1133 »

Pawpaw wrote: That is correct, if they TELL you. If they provide written notice (like putting it in the employee handbook) then it MUST use the wording in TPC 30.06.
See here's where I could see an issue crop up... Lets say during orientation they say nothing about their gun policy and theres nothing in the handbook but 4 months down the road youve been working there and carrying everyday and its discovered that you are carrying and you get fired. You could argue that they never mentioned it in orientation and all theyd have to do is say "yes we did". who's side would the employer take... their HR dept or some employee who's been working there for 4 months. i think the whole "verbal" notification needs to be taken out as a legal notification. It should be written down somewhere. that way there'd be no confusion about yes i said it vs. no you didn't even if they never verbally said it.
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Re: Employers that allow their employees to carry

#33

Post by Pawpaw »

Grundy1133 wrote:
Pawpaw wrote: That is correct, if they TELL you. If they provide written notice (like putting it in the employee handbook) then it MUST use the wording in TPC 30.06.
See here's where I could see an issue crop up... Lets say during orientation they say nothing about their gun policy and theres nothing in the handbook but 4 months down the road youve been working there and carrying everyday and its discovered that you are carrying and you get fired. You could argue that they never mentioned it in orientation and all theyd have to do is say "yes we did". who's side would the employer take... their HR dept or some employee who's been working there for 4 months. i think the whole "verbal" notification needs to be taken out as a legal notification. It should be written down somewhere. that way there'd be no confusion about yes i said it vs. no you didn't even if they never verbally said it.
You're comparing apples and oranges.

30.06 has to do with notice for the purpose of criminal trespass.

You can be fired for any reason, or no reason at all, no matter what the handbook says.

Two completely different subjects.
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Grundy1133
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Re: Employers that allow their employees to carry

#34

Post by Grundy1133 »

Pawpaw wrote:
Grundy1133 wrote:
Pawpaw wrote: That is correct, if they TELL you. If they provide written notice (like putting it in the employee handbook) then it MUST use the wording in TPC 30.06.
See here's where I could see an issue crop up... Lets say during orientation they say nothing about their gun policy and theres nothing in the handbook but 4 months down the road youve been working there and carrying everyday and its discovered that you are carrying and you get fired. You could argue that they never mentioned it in orientation and all theyd have to do is say "yes we did". who's side would the employer take... their HR dept or some employee who's been working there for 4 months. i think the whole "verbal" notification needs to be taken out as a legal notification. It should be written down somewhere. that way there'd be no confusion about yes i said it vs. no you didn't even if they never verbally said it.
You're comparing apples and oranges.

30.06 has to do with notice for the purpose of criminal trespass.

You can be fired for any reason, or no reason at all, no matter what the handbook says.

Two completely different subjects.
still seems kind of, for lack of better words, "crappy" that they're able to fire you for no reason at all... especially when you werent violating any company policies. :grumble :grumble
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Re: Employers that allow their employees to carry

#35

Post by gtolbert09 »

My company has a no firearms statement in the employee code of conduct that we have to read and sign every year. The building is also posted 06 and 07. They have banned firearms anywhere on their property.
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Re: Employers that allow their employees to carry

#36

Post by Grundy1133 »

gtolbert09 wrote:My company has a no firearms statement in the employee code of conduct that we have to read and sign every year. The building is also posted 06 and 07. They have banned firearms anywhere on their property.
that's a place I wouldnt' feel comfortable working.... especially if it's open to the public. if it's a locked secure building that requires gate passes and requires scanned badges to enter I wouldnt feel so bad....
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Re: Employers that allow their employees to carry

#37

Post by OldCurlyWolf »

Flightmare wrote:My employer has posted in the employee handbook (which we are required to sign a document that we have read and agree to) that firearms are not only prohibited in the buildings, but parking lots as well. The language is not 30.06 or 30.07 compliant, so I am not concerned about violation of tresspass, but they could terminate me if I was caught bringing it into the building. Since we are not one of the defined industries excluded from the parking lot law, state law trumps company policy. Part of me almost WANTS them to try to challenge me on that, but I tend to be a "don't make waves" sort of personality. Our company HQ is outside of the state, which is why I suppose they are not familiar with the Texas specific laws regarding parking lots and compliant signage. Many of the people in the local office are LTCs.
My current employer has a similar statement about parking lots. Also unenforceable where our office is located.
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Re: Employers that allow their employees to carry

#38

Post by txglock21 »

Grundy1133 wrote:
gtolbert09 wrote:My company has a no firearms statement in the employee code of conduct that we have to read and sign every year. The building is also posted 06 and 07. They have banned firearms anywhere on their property.
that's a place I wouldnt' feel comfortable working.... especially if it's open to the public. if it's a locked secure building that requires gate passes and requires scanned badges to enter I wouldnt feel so bad....
I'll do you one better, I work for a city utility that must allow C/C and open carry, but as an employee, I cannot! :banghead: In other words, any Joe LTC can walk right into my office with his gun, but I'm not allowed to! We can keep in our vehicle which is in a secured lot. :headscratch
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Re: Employers that allow their employees to carry

#39

Post by twomillenium »

txglock21 wrote:
Grundy1133 wrote:
gtolbert09 wrote:My company has a no firearms statement in the employee code of conduct that we have to read and sign every year. The building is also posted 06 and 07. They have banned firearms anywhere on their property.
that's a place I wouldnt' feel comfortable working.... especially if it's open to the public. if it's a locked secure building that requires gate passes and requires scanned badges to enter I wouldnt feel so bad....
I'll do you one better, I work for a city utility that must allow C/C and open carry, but as an employee, I cannot! :banghead: In other words, any Joe LTC can walk right into my office with his gun, but I'm not allowed to! We can keep in our vehicle which is in a secured lot. :headscratch
That is much more common than you might think. Quite a few employers allow the licensed public to carry on the premises but not the employees, I think a lot of it has to do with their liability of the employee while on the clock.
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Re: Employers that allow their employees to carry

#40

Post by Grundy1133 »

twomillenium wrote:
txglock21 wrote:
Grundy1133 wrote:
gtolbert09 wrote:My company has a no firearms statement in the employee code of conduct that we have to read and sign every year. The building is also posted 06 and 07. They have banned firearms anywhere on their property.
that's a place I wouldnt' feel comfortable working.... especially if it's open to the public. if it's a locked secure building that requires gate passes and requires scanned badges to enter I wouldnt feel so bad....
I'll do you one better, I work for a city utility that must allow C/C and open carry, but as an employee, I cannot! :banghead: In other words, any Joe LTC can walk right into my office with his gun, but I'm not allowed to! We can keep in our vehicle which is in a secured lot. :headscratch
That is much more common than you might think. Quite a few employers allow the licensed public to carry on the premises but not the employees, I think a lot of it has to do with their liability of the employee while on the clock.
the employers fear of liability can sit on the back burner... my main concern is my own life. my life is more important than some green pieces of paper...
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Re: Employers that allow their employees to carry

#41

Post by flechero »

Grundy1133 wrote:I live in a tiny town with the closest thing to a city being about 20 miles south of me and about 50 north of me and about 25 east and who knows how many west of me lol.

A rural 20-25 mile drive is one that most urban folk would covet! If there are good opportunities 20ish miles away, you are in good shape.

Heck, my job can require me to be in any county in Tx for up to a yr at a time... although 75% of my projects have been in county.

Also, look into real estate opportunities in your town or the adjacent cities... it's commonplace these days for realtors and the like to be carrying.
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Re: Employers that allow their employees to carry

#42

Post by Grundy1133 »

flechero wrote:
Grundy1133 wrote:I live in a tiny town with the closest thing to a city being about 20 miles south of me and about 50 north of me and about 25 east and who knows how many west of me lol.

A rural 20-25 mile drive is one that most urban folk would covet! If there are good opportunities 20ish miles away, you are in good shape.

Heck, my job can require me to be in any county in Tx for up to a yr at a time... although 75% of my projects have been in county.

Also, look into real estate opportunities in your town or the adjacent cities... it's commonplace these days for realtors and the like to be carrying.
lol. for me its kind of a big deal cause i dont have AC in my car which during the summer means im all hot and sweaty before i even get to work. also I have what i believe to be a leaky head gasket which causes my cars idle to jump around due to misfires caused by oil buildup in the spark plug chambers... lets just say its time for a new car.. but no $$$ or job makes it kinda hard. lol... but yea under normal circumstances a 50 mile drive round trip wouldnt be too bad if i was making enough money to actually make the gas costs seen negligible.
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Re: Employers that allow their employees to carry

#43

Post by BBYC »

You can start your own business if you don't like company policy. It's a great way to find out what your job skills are really worth on the open market.
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Re: Employers that allow their employees to carry

#44

Post by txglock21 »

BBYC wrote:You can start your own business if you don't like company policy. It's a great way to find out what your job skills are really worth on the open market.
That's ok if your young and just starting out. I've been here for 25 years and am retiring (for good) in 5 years. Too old and make too good of money to start over. :tiphat:
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