TexasCHLforum.com

jgp wrote:I'm confused, or at least uneducated, about what gives an employer any legal right to search your automobile. The discussion implies that if this employer demands it, the employee is obliged to allow it. I don't think so.

A Legal right? Non Really but they can fire you in this state in a heartbeat for any reason really, the downside of Texas not being a strong "Union" state ( of course the strong Union States are pretty Anti-Gun)

They may not care if their employees' constitutional rights are trampled, but they do care about profits. Tell us what company you work for and we'll start a customers' letter writing campaign. Angry customers threatening to spend money elsewhere will get their attention. Tell us who you work for and we'll help you out.

My problem with this particular policy is that there is no boundary. How far out in the parking lot can they search your car?

Do they think they have authority over the entire parking lot?

What if you park off premises, do they expect you to allow them to search your car?

It is not their lot. I wouldn't sweat it and I certainly wouldn't make them aware that there was an issue in the first place.

The Annoyed Man wrote:

jgp wrote:I'm confused, or at least uneducated, about what gives an employer any legal right to search your automobile. The discussion implies that if this employer demands it, the employee is obliged to allow it. I don't think so.

You are under no obligation to allow an employer to search your car. They are under no obligation to continue employing you if you refuse them access to your vehicle.

Does that explain it?

Certainly. But there seems to be a trend happening, in which employers are blurring the line between "illegal" and "policy". So much so that the words are used interchangeably.

Sangiovese wrote:In at "at will" state, they can terminate you for any reason that is not protected by discrimination laws.

And if they are terminating you for a reason that is protected, they can make up a reason that is not and terminate you anyway.

jimlongley wrote:

Sangiovese wrote:In at "at will" state, they can terminate you for any reason that is not protected by discrimination laws.

And if they are terminating you for a reason that is protected, they can make up a reason that is not and terminate you anyway.

So how do we fix this problem?

marksiwel wrote:

jimlongley wrote:

Sangiovese wrote:In at "at will" state, they can terminate you for any reason that is not protected by discrimination laws.

And if they are terminating you for a reason that is protected, they can make up a reason that is not and terminate you anyway.

So how do we fix this problem?

You really can't fix it. Employers have the right to fire you on any cause, unless as Jim said, it is a protected reason. Texas is a at-will employee state. So unless you have a union to back you on your grievance and you are within your rights, OR, you want to fight it with a law suit for wrongful termination, then you are out of luck.

The way we(as in all of us) fixes it, is to let it be known to every State Congressman & Senator and the Governor, that WE want the parking lot bill passed. IMO, there would have been a very good chance, that it would have passed if it had come up for vote on the floor last session, had it not been for the delaying tactics used to let the clock run out on it.

marksiwel wrote:

jgp wrote:I'm confused, or at least uneducated, about what gives an employer any legal right to search your automobile. The discussion implies that if this employer demands it, the employee is obliged to allow it. I don't think so.

A Legal right? Non Really but they can fire you in this state in a heartbeat for any reason really, the downside of Texas not being a strong "Union" state ( of course the strong Union States are pretty Anti-Gun)

The strong union states also don't have many jobs period.

Kythas wrote:My company has a policy that states "No unauthorized guns are permitted in the office". I point blank asked the HR person if that includes CHL. She told me that if I have a CHL then I'm authorized by the state and therefore can carry at work. I love my job.

Finally an HR person that gets it. The state of Texas has authorized you to carry a weapon and that's good enough for them; want to bet he/she has their club card also?

Keith B wrote:

marksiwel wrote:

jimlongley wrote:

Sangiovese wrote:In at "at will" state, they can terminate you for any reason that is not protected by discrimination laws.

And if they are terminating you for a reason that is protected, they can make up a reason that is not and terminate you anyway.

So how do we fix this problem?

You really can't fix it. Employers have the right to fire you on any cause, unless as Jim said, it is a protected reason. Texas is a at-will employee state. So unless you have a union to back you on your grievance and you are within your rights, OR, you want to fight it with a law suit for wrongful termination, then you are out of luck.

And my attorney convinced me that, although we could probably make a fair case that I had been let go due to the on the job injury, the result was far from a shoo in and could be just an expensive exercise in futility.

marksiwel wrote:So how do we fix this problem?

What problem? As a fan of the free market, I'm very happy Texas is an "at will" state. Both employers and employees should be free to unilaterally sever the relationship (absent any contract obligations) and enter into better relationships.

If they want to search tell them to go ahead they can search all they want by looking through the windows. Unless the policy states you have to give them full access. IANAL but it at least would be worth seeing the look on their faces.

Kythas wrote:My company has a policy that states "No unauthorized guns are permitted in the office". I point blank asked the HR person if that includes CHL. She told me that if I have a CHL then I'm authorized by the state and therefore can carry at work. I love my job.

Are they hiring?