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by Beiruty
Mon Sep 19, 2011 10:29 pm
Forum: General Texas CHL Discussion
Topic: Fired because of gun
Replies: 155
Views: 24394

Re: Fired because of gun

Any updates on this case?
by Beiruty
Thu Mar 24, 2011 3:59 pm
Forum: General Texas CHL Discussion
Topic: Fired because of gun
Replies: 155
Views: 24394

Re: Fired because of gun

Most likely the OP could claim:
1) The sign is an old sign and unenforceable. (Does not help for the firing case)
2) Not all doors were posted.
3) No written policy was given when joined the company.

I know it is really tricky case, the OP has to show that he was dismissed not for the CC but because he refused to drive an overloaded truck.
by Beiruty
Thu Mar 24, 2011 3:51 pm
Forum: General Texas CHL Discussion
Topic: Fired because of gun
Replies: 155
Views: 24394

Re: Fired because of gun

Shoot Straight wrote:
TxBlonde wrote:His old manager admitted to no policy before that day and none till 3 days after that date of fire
The sign looks a lot older than that.
No policy on the books and the sign on that door was from previous business owner that was left there for years. This is my understanding.
by Beiruty
Mon Mar 07, 2011 10:17 pm
Forum: General Texas CHL Discussion
Topic: Fired because of gun
Replies: 155
Views: 24394

Re: Fired because of gun

From, the sequence of the events, it seems that the Manager had in mind:
1) To fire the driver, search his truck.
2) Get the driver arrested (to make him look bad, which failed and backfired)
3) Their knowledge of gun being carried by the driver did not happen on the day when Police was called. Why, it was concealed in his fanny pack that he used to wear for long time at work and the driver only revealed that he was armed when asked by the Police officer.

I guess the company Manger screwed up and then tried to justify the dismissal due to gun violation where the driver was not properly notified.
If they handed a termination letter with no reason, they would be more covered. Now, they opened a can of worms against them by firing the driver on company policy violation.

What the driver has to show that the termination was in retaliation for complaint of the driver from carrying an overloaded (could be federal offense) truck and when the Manager regarded this a loss of revenue to the company termination was ordered.

A good lawyer should ask, how and when did the company knew that driver was carrying a concealed gun?

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