Having gun in work parking lot?

[eureka40]

Can an employer search your car? I would think not. How else would an employer find out you had a gun locked up in your vehicle?

[C-dub]

Can an employer search your car? I would think not. How else would an employer find out you had a gun locked up in your vehicle?

You're right, they cannot, but they still attempt the scare tactics by having you sign a form saying that they have the right to search it and or by signing you give them consent to search it at any time and refusal can results in termination. I haven't seen it employed yet myself.

[jmra]

I work in a Dem lefty paradise. Bureaucratic to insanity, Obama stickers on about half the cars, security wonks watching the parking lots with binoculars, walking around, taking notes on individual cars, and we've even got an entire business unit for "Diversity and Inclusion"! Yay!

About two weeks in I figured I should remove my NRA Endowment member sticker from the vehicle and leave my "Austin Pets Alive" decal. I can guaran-dang-tee you if someone were discovered with a gun in their vehicle here they would be dispatched to the streets on some "loss of confidence" railroaded action plan.

I took this job and relocation for a high salary and title and am starting to rue that decision. Truly not a welcoming environment for an older white conservative male. Truly a progressive, back-stabbing hole.

[\rant off]

You have way too many strikes against you. You may need to start wearing pink shirts and penny loafers.

[Keith B]

Our company has employees in all 50 states and across the globe. Florida was one of the first states to pass a parking lot bill. At that time our legal department came out with a quick email advising that it was now law and employees could do it, and that would extend to any other states that had similar laws. The wording in the employee manual was still the old wording, but the letter amended the policy. Once Texas passed theirs I worked with the legal department to modify the language so it generically covered parking lot laws.

[EEllis]

I would still say your issue is that lower level people are talking policy. Your site safety guy shouldn't have squat to do with this decision but he was the one giving you the pressure. If you go to HR, go to the legal Dept., I think you will get a much different message coming from the company. I wouldn't be all "it's the law I can have a gun!" mind you. I would instead complain about being targeted through hearsay, "hostile work environment" always gets people to pay attention in HR, and the legal dept may get a bit disturbed that you were told that someone would ignore state law and fire you for something that hasn't even occurred. That way you are not complaining about having a firearm, but the tactics, that you were targeted, and the fact that they said they would ignore the law which calls into question how they would act in regards to any legal issue they don't like.

[Dadtodabone]

You may need to start wearing pink shirts and penny loafers.

Hey! I resemble that remark...although I prefer tassels on my loafers.

[EyeToEye]

The OP has no recourse but to comply with the employer demands if he wants to keep his job. Mr. Cotton has a good write up here (https://www.texasfirearmscoalition.com/ ... e-potholes) which details that the law has no teeth. Mr. Cotton states:

No Penalty for Employers Who Violate Texas Law

The first problem facing employees is the refusal of some employers to comply with Texas law. SB 321 did not create a separate cause of action (lawsuit) that an employee could file against their employer if they were disciplined or terminated for having firearms or ammunition in their personal vehicles. Texas Attorney General Greg Abbott issued an attorney general opinion stating that, while there is no separate lawsuit created by SB 321, aggrieved employees could, under certain circumstances, file a declaratory judgment action to determine their rights under the new Employer Parking Lot Law. While this provides some hope for employees when their employers thumb their nose at Texas law, it does not provide a method for obtaining past or lost wages or to correct other disciplinary actions unlawfully taken against the employee.


Also, it was mentioned earlier in this thread that employers cannot search vehicles. Well, they can and will as they do it at my employer even bringing K-9 units out to the parking lots. I have already had to deal with a similar situation as the OP.

[jimlongley]

The OP has no recourse but to comply with the employer demands if he wants to keep his job. Mr. Cotton has a good write up here (https://www.texasfirearmscoalition.com/ ... e-potholes) which details that the law has no teeth. Mr. Cotton states:

No Penalty for Employers Who Violate Texas Law

The first problem facing employees is the refusal of some employers to comply with Texas law. SB 321 did not create a separate cause of action (lawsuit) that an employee could file against their employer if they were disciplined or terminated for having firearms or ammunition in their personal vehicles. Texas Attorney General Greg Abbott issued an attorney general opinion stating that, while there is no separate lawsuit created by SB 321, aggrieved employees could, under certain circumstances, file a declaratory judgment action to determine their rights under the new Employer Parking Lot Law. While this provides some hope for employees when their employers thumb their nose at Texas law, it does not provide a method for obtaining past or lost wages or to correct other disciplinary actions unlawfully taken against the employee.


Also, it was mentioned earlier in this thread that employers cannot search vehicles. Well, they can and will as they do it at my employer even bringing K-9 units out to the parking lots. I have already had to deal with a similar situation as the OP.

Just as when I was fired for breaking my finger on the job - that's not what they "let me go" for, they even gave me a nice letter about what a great job I had done, but the just didn't need me anymore, but you know the reason was the broken finger on the job, which I reported as Workman's Comp, and they didn't have coverage for my title working in the field. Just try proving it.

Get the "threat" in writing, and then if you choose to have a gun in your car per Texas Law, and they fire you, maybe it will serve as a basis for a future suit.

[Chris Smith]

Can an employer search your car? I would think not. How else would an employer find out you had a gun locked up in your vehicle?

They can search if you allow them to search. You don't have to allow them to search but they don't have to let you work there.

[OnceFired]

That sucks.

Definitely have a discussion with your friend. If he wants to give up his concealed status, that's his business but he shouldn't have said diddley about you in any capacity. But you should learn from him exactly what was said. Did he out your car-carry, or the mere info you took a class? He shouldn't be mentioning ANY of this, but there is an operative difference for you based on his conversation.

As for your situation, asking to have their stance in writing itself is an invitation to future problems. If you are concerned about being let go or passed over for the promotion, the act of requesting this in writing will be viewed dimly by your employer. They've already said they're willing to take the risk on the carry issue. They're not going to blink when you want them to document that - they'd just decide now to let you go and figure it out later.

OF

[winters]

So did your co worker get fired also for taking a chl class?

Make sure whatever you do is file unemployment and if they deny you then appeal it.

If your co worker didn't get fire I would probably have to make his life hell for opening his mouth.

And honestly if your company is a bunch of fear mongers you are probably better off not working their. My company is out of NJ. They think all NJ laws apply to the rest of the USA.

[JP171]

Apparently a friend I took my chl class with has told that I also took it. I received a call from my supervisor and head saftey guy saying to not bring it to work. I explained that during my chl class I was told I was allowed to bring it and lock it in my car in parking lot. They explained that they knew of the law and there were willing to take the risk and terminate me anyways. Looks like I won't be taking it to work for a while. I would like to know what my options are?

The law states that you can have it legally in your locked personal vehicle unless you work for a school or refinery. Not sure what kind of business it is, but if not that then they can't prohibit it. Here is a summary of the law and a number to call about violations by employers http://www.nraila.org/legislation/state ... =10507&ps=" onclick="window.open(this.href);return false;

Keith, the school and refinery(Chem Plant Plastics plant) have some restrictions placed in there so just working at a school or in a chemical manufacturing facility doesn't negate the parking lot law also Federal law prohibits fire arms within foreign free trade zones even if they aren't a chem plant or school. not tryin to complicate things but gotta put the restrictions in there too

[Keith B]

Apparently a friend I took my chl class with has told that I also took it. I received a call from my supervisor and head saftey guy saying to not bring it to work. I explained that during my chl class I was told I was allowed to bring it and lock it in my car in parking lot. They explained that they knew of the law and there were willing to take the risk and terminate me anyways. Looks like I won't be taking it to work for a while. I would like to know what my options are?

The law states that you can have it legally in your locked personal vehicle unless you work for a school or refinery. Not sure what kind of business it is, but if not that then they can't prohibit it. Here is a summary of the law and a number to call about violations by employers http://www.nraila.org/legislation/state ... =10507&ps=" onclick="window.open(this.href);return false;

Keith, the school and refinery(Chem Plant Plastics plant) have some restrictions placed in there so just working at a school or in a chemical manufacturing facility doesn't negate the parking lot law also Federal law prohibits fire arms within foreign free trade zones even if they aren't a chem plant or school. not tryin to complicate things but gotta put the restrictions in there too

Right, it was jsut the fact that unless you work for one of those, the law would not apply at all. If they did, THEN you go deeper. No reason to complicate teh topic unless they meet initial criteria.

[JP171]

hmmm ok

[simianangel]

So did your co worker get fired also for taking a chl class?

Who got fired?