Can you ask an Off Duty to leave his gun ?

[boomerang]

And yes - pretty much every dept I know has something written saying you will not carry or display a badge while consuming alcohol (unless you are UC).

Was the guy drunk when he came to pick up his wife's stuff after she quit?

I also don't understand why she didn't pack up her own stuff before she quit. It's one thing when someone is fired and escorted out of the building, but if you're going to quit, it makes sense to get your stuff together before you quit. Especially if you plan to tell them to take this job and shove it, instead of giving 2 weeks notice.

[seamusTX]

Maybe she has poor impulse control.

The circumstances of her quitting are irrelevant to whether her husband or she can demand to enter the workplace afterward.

- Jim

[WildBill]

Are you sure about that? Texas is a community property state. My understanding is that both the husband and the wife control the property and each can do with it as he or she sees fit without involving the other partner. (I wouldn't reccomend doing that, however ) If so, it seems to me that in that case either partner would have the right to pick up said property.

Ownership and division of community property is a civil matter. That is one reason that LEOs don't get involved in these type of issues. IANAL

[boomerang]

Maybe she has poor impulse control.

The circumstances of her quitting are irrelevant to whether her husband or she can demand to enter the workplace afterward.

- Jim

Which I don't think she can if her workplace is not open to the public. She can demand her property back but that's a different story.

[ELB]

...They might let the original possessor back in or they can box it up and ship it. I truly recommend that if an employee leaves the premises permanently (either quits or is fired) and leaves property there, that the very first thing done is someone boxing up the property and getting it shipped to them as quickly as possible. ...

IANAL and all that, but I doubt even the wife had a "right" to come back and get her property (as in "enter the company premises"), never mind her husband. If I were the company, I would definitely tell her not to come back, refuse entry to the husband, and ship all that stuff pronto to the address in her personnel file. If I was the schmuck assigned to clean out her desk (and I have been this schmuck a couple times) I would make sure I had a witness or two, and inventory exactly what was found and packed.

[marksiwel]

Follow up, I was told if I see her in the Parking lot or if she comes in, to call the cops.
FUN Times

[chabouk]

Are you sure about that? Texas is a community property state. My understanding is that both the husband and the wife control the property and each can do with it as he or she sees fit without involving the other partner. (I wouldn't reccomend doing that, however ) If so, it seems to me that in that case either partner would have the right to pick up said property.

How do you know this guy at your door is her husband?

[srothstein]

I want to clarify my understanding of what Steve wrote. I understand that according to PC 30.05, a LEO cannot be prohibited from entering a place that is open to the public, based on the fact that he is armed.

However, I can't believe that a LEO or anyone else can enter private property that is not open to the public, against the will of the property owner, for personal reasons.

Jim, the way the law is worded, if the officer is off duty and your sole reason for telling him not to come is his carrying a weapon, he can not be banned even from your house. But, he can be given any criminal trespass warning anyone else can if it is not for the weapon.

So, for the case in discussion as one example, the company could have refused the officer entry based on not letting the former employees or their family on the property and it would have been strictly legal. And the obvious question si how would he know it was because of the pistol if you told him some other reason?