Having gun in work parking lot?

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The Annoyed Man
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Re: Having gun in work parking lot?

#31

Post by The Annoyed Man »

EEllis wrote: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.
EEllis and I are not often in agreement, but this is sage advice here.

As a business owner, I've somehow gotten on management-centric email lists. One that consistently shows up in my spam filter is from executive-reports.com. There was one there just this morning, with the title "How to Say 'You're Fired'". If you follow the link in the email to the online page (LINKEY), it makes the point that trying to fire an employee, even in a "right to work" state, is not free from liability for the employer, and the concerned employer has to do things just right to avoid the possibility of wrongful termination lawsuits, even where there is just cause for termination. The report proposes to teach the employer how to navigate the minefield to successfully terminate an employee without liability:
Special Executive Report
Terminating Without Fear: What Employers Need to Know

Too many managers let fears of legal repercussions cloud their judgment about pulling the trigger on terminations.

But successful organizations never put off the inevitable. How a termination is handled makes all the difference between professionally parting ways … or getting slapped with a lawsuit.

This Executive Report lays out proven steps employers should take when dismissing employees so that managers can truly fire – when it is necessary – without fear.

————SNIP————

Navigate the Complex Laws of Employee Termination
  • Severance packages: What some companies are required to offer
  • Dealing with employee fallout after a coworker is let go
  • Dispelling the myths of 'at-will' employment
  • Training managers to deliver verbal warnings that will stick in court
  • Key role employee handbooks play in setting expectations
I highlighted that third bullet point because the phrases "right to work" and "at-will employment" are often used on this forum in these discussions as though employees have no legal rights in the matter of their employment. I'm not talking about the Constitution here. I'm talking about what the federal or state governments allow an employer to do, or forbid them from doing. Employers have employment rights.....but the thing often lost in the discussion is that employees have employment rights too. By that, I do not mean that they have a right to a job with that particular employer, but rather that, once employed, they have a right to expect the employer to behave in a certain way with regard to their employees. It gets lost for practical reasons: very few employees have deep enough pockets to force any kind of accountability onto the employer. Their pockets aren't deep enough to fight a large employer in court, unless the offense is just so egregious that the employer cannot win, and the employers' attorneys advise them to settle the matter as gracefully and expeditiously as possible to avoid a devastating financial loss. But not very many employees who have been badly handled by management have a case against an offense that egregious.

The Bible cautions us to be "quiet as doves and wise as serpents". I don't talk about guns in general, my guns in particular, shooting, range trips, hunting, CHL, or any of that stuff with any of my clients (my employers) unless either A) they broach the subject first and they seem favorably disposed to the RKBA, or B) I already had a non-professional relationship with them before they hired me for a project. If I had a {{{{shudder}}}} job, as a company's employee, I would be equally as cautious. Even if I know the other person is favorably disposed, I have exactly zero control over their discretion.

When my son was in school back in California, I used to take him to the range with some regularity. I started him shooting when he was about 6 years old. But I ALSO told him that he must NEVER talk about it at school, with any of his friends, and ESPECIALLY with his teachers. When he asked why, I told him that some of them would be very nosy about it and could make trouble for us.....trouble that we absolutely did not need, and could not defend ourselves against.

Work is the same way. Freedom of speech and the RKBA are all well and good, but the world doesn't really care about your rights or mine, and neither do the kind of people who think we should not have or enjoy those rights..... particularly in their parking lots or lunch rooms. For the most part, they have deeper pockets than any of us. It isn't as easy for them to can you as you might think it is, but if they can tick off all the check boxes on a detailed procedure, they can easily slap a layer of protection from liability on themselves. It is best to simply not give them a reason in the first place.

Does that mean that I would not keep my gun in my car if carry were not permitted at work? No. I would definitely keep the gun in my car. I am NOT going to go about disarmed on my own time simply because my employer has their collective head where the sun don't shine; but i am also NOT going to give them a reason to ever suspect that a gun is stored in my car. Quiet as doves, wise as serpents.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

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nightmare69
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Re: Having gun in work parking lot?

#32

Post by nightmare69 »

OP, If your employer does not meet any of the exemptions in the Parking Lot Law then I would secure my firearm in my vehicle and not say a word about it to anyone. Keeping quiet is key, if you do that I seriously doubt you will have to worry about being terminated or your vehicle being searched. I would not give my employer permission to search my vehicle ever but that is a whole other subject.
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Bang4Buck
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Re: Having gun in work parking lot?

#33

Post by Bang4Buck »

nightmare69 wrote:OP, If your employer does not meet any of the exemptions in the Parking Lot Law then I would secure my firearm in my vehicle and not say a word about it to anyone. Keeping quiet is key, if you do that I seriously doubt you will have to worry about being terminated or your vehicle being searched. I would not give my employer permission to search my vehicle ever but that is a whole other subject.
:iagree:
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Jim Beaux
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Re: Having gun in work parking lot?

#34

Post by Jim Beaux »

Im often the bad guy having to enforce rules I dont agree with, and I get a big ole red rash when someone makes my job difficult.

As any human, I also have a preference to working with guys who are easy to get along with and if they ever need a break, I dont forget them.

Your situation can be a bad can of worms & cost you money and misery. Often times a company will assume a hard line just to cover itself.

I suggest not asking for anything in writing. They wont give it and will interpret the request as either a challenge or an implied threat.

Dont make an issue out of this. Dont make it a personal thing and dont get into a spitting contest. Shut this dialog down as quickly as you can. Smile, keep your head down and your butt up - and when things cool down do what youre comfortable with.

For good or bad, the powers that be will remember you. :thumbs2:
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drjoker
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Re: Having gun in work parking lot?

#35

Post by drjoker »

EEllis wrote:Say "I understand" then bring it anyway. If for some reason they search your car and find a gun keep your mouth shut and if you get fired sue the crap out of them. You will win easily. Also go to HR and complain about a hostile work environment. Your being threatened for things you haven't done, being told that the company will break the law to fire you, all based or hearsay. I don't know how big your company is but see if you can't push it above the local level.
They have no right to search your car, man! This ain't Israel, commieland, nor some banana republic. It's 'Murica! Dadgummit!

You work for some immoral jackwagons. Start recording ALL your conversations with these jackwagons. I'm sure you'll get lots of other illegal crap to sue them over later in addition to their violation of your rights on this matter of a gun in your car. People who'll illegally rape you of your rights today will do it again on some other matter tomorrow.

I really hate jackwagons at work. You work for them, you are not their slave. They cannot violate your human rights!

If you sue them, I'll buy you a beer or a box of .22LR, your choice. I'm in Dallas, BTW. :txflag:
Jim Beaux wrote:
I suggest not asking for anything in writing. They wont give it and will interpret the request as either a challenge or an implied threat.
I agree with Jim. Don't challenge them outright. BUT, be sure to backstab and RECORD ALL CONVERSATIONS you have with them. If the state brings in auditors, lead them straight to the mother lode of incriminating evidence. All companies have skeletons in their closets. All companies get audtied for something or the other sooner or later by some bureaucrats. Be sure to hand over all the skeletons when this happens. Say "yessuh massah" and "yes, miss daisey" to their face but be sure to formulate a solid plan to bring them down, make them pay , and destroy their lives.

You shoud never let evil people win and rape you of your rights. If you do and others do so, too, then all is lost. Evil wins.

Just a few good men (and women) make all the difference. Remember, only THREE PERCENT fought in the American revolution and started a dynasty of freedom. Just 3% is all it took. Be a three percenter! :patriot:

lws380
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Re: Having gun in work parking lot?

#36

Post by lws380 »

My phone has a nice voice recorder on it! :cool:
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The Annoyed Man
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Re: Having gun in work parking lot?

#37

Post by The Annoyed Man »

Interesting case in Indiana: http://bulletsfirst.net/2014/10/09/comp ... -gun-home/

Company Fires Employee For Having Gun…IN HIS OWN HOME
Under the guise of “zero tolerance”, gun hating private community Lakes of the Four Seasons (LOFS) has fired a seasonal landscaping employee of 21 years because he was a gun owner. And no, I don’t mean that he was carrying a gun while working, nor did he have a gun in his car on LOFS property.

Nino Ferlaino had worked for LOFS for 21 years before this summer when, in conversation amongst coworkers, he acknowledged that he believed in the 2nd Amendment and kept a gun at home.

Two days following this conversation, on July 2nd, Ferlaino’s supervisor, Doug Weiss, approached him and asked him if he carried a gun. Ferlaino admitted that he owned a gun but never carried it while working.

——SNIP——

......Weiss informed Ferlaino that he had met with the property owners association’s board of directors July 1 and that Ferlaino’s conversation with his co-workers violated the company’s “no tolerance policy.” As such, he was fired effective immediately.
I think that corporations are increasingly scared to death of individual human rights......because rights make you autonomous, and they want you to be under their control 24/7, even when you're not on their clock.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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bigity
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Re: Having gun in work parking lot?

#38

Post by bigity »

Guess he has a new retirement plan. How could a employer be so stupid? Never mind being wrong, just being so stupid.
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nightmare69
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Re: Having gun in work parking lot?

#39

Post by nightmare69 »

I'll play the devils advocate, I hope you can prove all this you are saying if you decide to pursue it. Otherwise be prepared to be fired and they will be picky and find a reason to fire you. This reason will have nothing to do with firearms.
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Jumping Frog
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Re: Having gun in work parking lot?

#40

Post by Jumping Frog »

After having managed people for 35+ years in corporate America, and having to deal with a myriad of HR issues including more litigation than I care to recall, I'll make a simple generalized statement: a competent and saavy manager can find a way to fire any employee that the manager has decided needs to go. Doing it correctly and covering your legal tracks may take 6 to 9 months, so it requires careful and methodical management.

Thus, one is wise in corporate America to avoid drawing undue negative attention to oneself. For example, after sitting through numerous risk seminars/webinars discussing "workplace violence", I see where mention of firearms in connection to a specific employee prompts a frantic desire on the part of career HR-types to "do something".

When our company's senior staff sits down to meet, I am sitting at a table with a half dozen people. I would never dream of discussing carrying firearms in the workplace.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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