TexasCHLforum.com

TxBlonde wrote:I am not going to name company names or Parties involved due to this going to trial this month, need some advice.

That was back in March.

TxBlonde wrote:Apparently the Manager of Human Relations had a sign with a picture of a gun with a circle and slashed line through it in her office, on the floor, but that sign only applies to unlicensed individuals that go into that office. The other Police Officers report there is nothing posted to prevent any licensed individual from carrying concealed on the property.

That's true if we're talking about him being prosecuted for carrying, but the cops didn't arrest him and it doesn't sound like the DA charged him with a crime. The 30.06 notice rules only apply to the crime of criminal trespass by a license holder, and some premises covered by the 46.035 law.

If we're talking about company policy, I'm trying to think of a reason the HR manager would have a gunbuster sign, even if it wasn't prominently displayed, unless the company had a no guns policy.

Good luck. Hopefully you'll get a pro-gun jury. Let us know how it turns out.

dicion wrote:

KaiserB wrote: I am in a similar situation at my employer, where the policy states "NO GUNS" on the premises, which by TX penal code prevents me from having a gun, even in my car, because I have "received," according to the law, "notice". This one reason why the TX Parking Lot legislation is so important. The employer rights vs. the CHL rights are in conflict in many situations, such as yours and mine, and the FACTS do not always bear the outcome we desire.

Just read through this thread. Had to correct this grossly inaccurate statement above.

If your policy says 'NO GUNS' You can still carry there with a CHL Legally.
Yes, they can fire you, but it's not illegal unless the company policy has the _exact_ text as specified under TPC 30.06, and you are given a 'card or other document' with it on it. A company policy letter or book would count under that.

If they told you orally, no exact words are required.

pcgizzmo, I'm sure that's a big comfort to every pizza delivery driver and convenience store clerk and everyone else who was ever fired for having a gun on the job.

I'm not saying the company was right. I'm saying it will be an uphill battle to prove they were wrong. Good luck to the OP.

WildBill wrote:

tacticool wrote:I think it will be an uphill fight in this case, because it was the company who called the authorities, not the employee. Nobody was arrested, but I wouldn't be surprised if their lawyer uses it at trial. Similar to the hypothetical we hear about the BG calling 911 first, it's going to paint a picture in the juror's minds.

This is a civil trial. There would be no reason for the employee to call the police.

I thought the allegation was that he was fired because the company was breaking the law and/or the driver refused to violate the law. If he had blown the whistle ("called the authorities") and was fired afterward, it may support the theory that he was fired for whistle blowing and/or refusing to break the law.

However, the records will show that it was the company who called the cops. It turns out that the driver didn't violate the law. However, the 911 call may support the theory that the driver was fired for having a gun at work.

The truth is irrelevant in court. What matters is what the judge and/or jury believes.

Keith B wrote:Since Texas is an 'At-Will' work state, and does not have an Implied Contract exception, it is going to come down to the burden of proof falling on your lawyer to try and show that your husband was fired unjustly for refusing to do something illegal (haul an overweight load) and NOT legitimately fired for violating a company no firearms policy. It will be a very hard fight as employers unjustly fire people all the time.

I think it will be an uphill fight in this case, because it was the company who called the authorities, not the employee. Nobody was arrested, but I wouldn't be surprised if their lawyer uses it at trial. Similar to the hypothetical we hear about the BG calling 911 first, it's going to paint a picture in the juror's minds.

IANAL but I have been a juror.