I presume this is not a legal sign

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JustAndrew
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Re: I presume this is not a legal sign

Post by JustAndrew »

The bottom line is that an employer can fire you for any reason. Is it worth your job?

If you really cant to carry I would contact your HR dept. and get them to approve you to carry your gun. I know a few people who have done this.
mr.72
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Re: I presume this is not a legal sign

Post by mr.72 »

Well as I stated before, this is a CA company with global policies that do not bend with respect to any particular locality. Certainly at the major headquarters in CA where they have 40,000+ employees on that one campus, they are going to be serious about dealing with someone who brings a gun to work mostly because it is virtually impossible to have a license to carry there, so bringing a gun into work would also be a crime.

However the local management makes personnel decisions. There would not be any complaint that would be heard by anyone outside of the 300 people working in Austin. I am quite certain that, knowing the difference in culture as well as the law in TX, they will not react the same way at all.

This is of course speculation, and like I said, I am not sure whether I want to risk it or not.

Much like the arguments about Taco Cabana ... the signs and that sort of thing may communicate how the company in California feels about firearms on the property, but our location operates as a reasonably independent unit and these signs are put here by the legal dept and do not necessarily reflect the position of any of the local management.

Imagine if the company you work for right now, which may very well be quite pro-RKBA, were acquired by a company from San Francisco, and then suddenly changed the policy. The local policy didn't change, it's just that the local people have to comply with corporate policy. Would you quit? Maybe you would think differently if you helped build the company that was acquired?
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WildBill
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Re: I presume this is not a legal sign

Post by WildBill »

hirundo82 wrote:Yes, but how are they going to prove that he read it? It is kind of like the argument that posted Section 30.06-compliant signs are very difficult to enforce practically unless every entrance is posted. It could create reasonable doubt that the person was not notified--in one situation a CHL holder may have walked through an unposted door, in another he may have not read all the employee policies on the website.

Neither posting all entrances nor getting signed acknowledgement are required for proper notification under Section 30.06, but without them it leaves open the possibility that proper notification was not given.
mr.72 wrote:I wasn't talking about being given written notice in terms of being fired, but in terms of being charged with criminal trespass.
I assumed that mr. 72's goal was not to get arrested. Obviously, being charged with criminal trespass is less serious than being convicted, but my preference is not to be charged in the first place. You are right that it might be hard to prove that he was given notice or he was verbally told, but that lack of proof may not prevent him from getting charged. The decision about his guilt rests with the judge and jury, but the decision about his arrest is made by the LEO and DA. Again, it comes down to making choices.
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WildBill
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Re: I presume this is not a legal sign

Post by WildBill »

Let me explain the reason why I get testy about this type of post. There are always some people who think that they are going to pull off something clever and "beat the system". I have read numerous posts from people who are absolutely convinced that a 30.06 sign is not valid because the sign was made with white letters on a clear glass door. Even though the size of the lettering and the verbiage of the sign was exactly as required by law, they content that it isn't a valid sign because the letters aren't "in contrasting colors." This type of thinking is foolish and will eventually result in someone getting arrested and convicted. I may feel sorry for them, but I won't say that I didn't warn them.

Disclaimer: IANAL and I am not directing this rant towards mr. 72.
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boomerang
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Re: I presume this is not a legal sign

Post by boomerang »

JustAndrew wrote:The bottom line is that an employer can fire you for any reason. Is it worth your job?
That's right. They can fire you even if you don't carry a gun at work so why worry about it?

Everyone has decide what's important to them. I decided my life is worth more than my job so I changed jobs.
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txflyer
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Re: I presume this is not a legal sign

Post by txflyer »

JustAndrew wrote:The bottom line is that an employer can fire you for any reason. Is it worth your job?
I don't mean to go off topic, but this statement is not necessarily true. This is only true for at-will employment. Employment under contract can not be terminated for just any reason. The reason for termination must be within the bounds of the contract. In addition, I believe 38 states have an implied contract exception to the at-will employment (Texas not being one of them). So, if there is an implied contract (such as an employee handbook an employee can only be fired under certain conditions), then an employer may not terminate you for just any or no reason.
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WildBill
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Re: I presume this is not a legal sign

Post by WildBill »

txflyer wrote:I don't mean to go off topic, but this statement is not necessarily true. This is only true for at-will employment.
You are correct, but Mr. 72 lives and works in Texas for a California-based company, which are both at-will States. His post discussed "global policies" and he never mentioned that he has a contract. :rules:

I will concede that Texans are much more tolerant about firearms than Californians, but in the business world personal values are often compromised for self-preservation.
Last edited by WildBill on Thu Sep 04, 2008 7:12 pm, edited 1 time in total.
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ForTehNguyen
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Re: I presume this is not a legal sign

Post by ForTehNguyen »

if an employer displays it incorrectly they cant charge you criminallly, however they can charge you with an administrative penalty like firing you
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hirundo82
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Re: I presume this is not a legal sign

Post by hirundo82 »

WildBill wrote:Let me explain the reason why I get testy about this type of post. There are always some people who think that they are going to pull off something clever and "beat the system". I have read numerous posts from people who are absolutely convinced that a 30.06 sign is not valid because the sign was made with white letters on a clear glass door. Even though the size of the lettering and the verbiage of the sign was exactly as required by law, they content that it isn't a valid sign because the letters aren't "in contrasting colors." This type of thinking is foolish and will eventually result in someone getting arrested and convicted. I may feel sorry for them, but I won't say that I didn't warn them.

Disclaimer: IANAL and I am not directing this rant towards mr. 72.
I definitely agree with you on this. We spend so much time arguing the minutiae about what is and isn't a "legal sign" but in a case such as that posted in the OP it is so close to what is required by statute that if the property owner wanted to push the issue the police could probably make a good-faith arrest.
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Re: I presume this is not a legal sign

Post by KBCraig »

WildBill wrote:
txflyer wrote:I don't mean to go off topic, but this statement is not necessarily true. This is only true for at-will employment.
You are correct, but Mr. 72 lives and works in Texas for a California-based company, which are both at-will States.
Just to clarify, employment contracts --both individual contracts and collective bargaining agreements-- override "at will employment" in both Texas and California, and any other state.

Companies can fire anyone at will, but if a contract specifies a disciplinary process before termination, then it is illegal (under federal labor law) to fire someone without following that process.
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