Place of Work

[Tahoe132]

So my employer does not allow me to carry while working... and I know this means I cannot carry in my place of work regardless if I am on duty or off duty, but I have two questions:

I work in a mall, so can I just carry in the mall outside of my store?

And if I go to another mall that has the same place that I work at, can I carry in there?


Thanks for the advise in advance!

[longtooth]

The legal eagles will come w/ the printed answer. The bottom line is the company will be the first one to split that hair if you are ever caught carrying. AFter that it may be the courts depending on how much money you have.

[bdickens]

My opinion - and this is just opinion - is that your employer doesn't own you. When you are not getting paid by them (ie when you are off the clock) and you are in their store, you are a customer, not an indentured servant. Just be careful, though.

[Liberty]

Here in Texas they can fire you for what ever reason they want.

It sounds to me that you have been verbally told that you can not carry in in the store. therefore you have been given 30.06 notice .Verbal notification normally hard to prove but you may have admited to to it in the original post. So you could technically be prosecuted for carrying in the store you work at.

No lawyer am I though.

[txflyer]

So my employer does not allow me to carry while working... and I know this means I cannot carry in my place of work regardless if I am on duty or off duty, but I have two questions:

I work in a mall, so can I just carry in the mall outside of my store?

And if I go to another mall that has the same place that I work at, can I carry in there?


Thanks for the advise in advance!

IANAL, but the way I see it is that your employer cannot govern your actions on property not under their control. So if they have no control over the rest of the mall, you should be good to carry. Now that doesn't mean they still can't fire you and while Texas is an at-will employment state, it also doesn't mean that can't sue them if they do fire you. It just means recovering damages may be more difficult.

As to the second question, it's a little harder to answer. If the stores are franchises where each owner is setting the weapons policy, then you are probably in the clear as one owner cannot control the policies of another owner. If the policy is a company wide policy then your not OK to carry in another store. IMHO, it would be legitimate grounds for termination.

Edited to fix the first sentence.

[barres]

It depends on how notice was given to you and who gave you that notice.

If the notice given to you did not meet 30.06 criteria, then you are only risking your job, not prosecution. If it met 30.06 criteria, then it doesn't matter when you come back, you have still been given notice. You cannot carry there.

Now for who gave you notice. Was it the mall owner manager? If yes, then the notice (if proper) applies to the entire mall. If not, then it cannot. Was it the store manager? If yes, then it applies to this store. Was it printed notice in the company handbook? If yes, then it would apply to all the stores in the chain, because the notice comes from the owner/manager of the entire company. Was it a regional manager? Then you cannot carry in any stores in this region, but feel free to do so in another region?

It's all a matter of authority. How much authority does the person (or handbook or whatever) that gave you notice have? I cannot give you legal notice that you cannot carry in the Wal-Mart off of I-45 in Conroe, because I have no control over the Wal-Mart in Conroe. The manager of your store has no control over the rest of the mall in which your store is located. The manager of your store probably has no control over the other stores in your chain (you might want to check on that first, though), unless he can document that he is speaking on behalf of someone who has that authority. Which goes back to written policy from corporate.

This is all just my opinion, and I cannot stress enough the fact that I am not a lawyer.

[Tahoe132]

The person who told me was my direct manager, who does not have authority in the mall.

Now as far as hand book goes, there is one thing that says "no weapons in the work place" but it doesn't say anything about no licensed weapons...

And no it is not a franchise...

So I think I will just steer clear of carrying in property owned by my company, but still carry in the mall or/and other malls that have my company in it, but of coarse steer clear of my company.

And just for clarification: I do not intend on carrying nor do I carry in my location/place of business.

[nils]

I wouldn't carry in my own store, but other stores that you don't work at....go for it...what if you quit your job there...does the rule apply to you still even though you are no longer an employee???? They gave you verbal warning as an employee...does it still apply as an ex-employee??

[txflyer]

I wouldn't carry in my own store, but other stores that you don't work at....go for it...what if you quit your job there...does the rule apply to you still even though you are no longer an employee???? They gave you verbal warning as an employee...does it still apply as an ex-employee??

The warning shouldn't apply since the context has changed.

[Mikel]

I just browsed through the 2007-2008 "Texas Concealed Handguns and Selected Statutes" and could only find the following:
"GC 9411.203. RIGHTS OF EMPLOYERS. This subchapter does not
prevent or otherwise limit the right of a pubiic or private employer to
prohibit persons who are licensed under this subchapter from carrying
a concealed handgun on the premises of the business."

So where does it read that an employer can order you to not carry unless they properly post a 30.06?
I understand I could be fired but I'd rather be fired than dead. I still do not want to be breaking the law though and sorry if
this has been covered.
Thanks,
Mikel

[srothstein]

Penal Code section 30.06 is where it says that an employer must give you proper notice and defines what it is. This is for any criminal charges to be filed. The Government Code section you refer to is part (along with the at will employment laws) of the law that allows the employer to fire you for carrying against his policy.

Between the two sections, we get to the point you referred to. You can be fired but not arrested for carrying against a no guns policy, but you can only be arrested if the wording is as shown in 30.06.