TexasCHLforum.com

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?

chasesmallwood10 wrote: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;

It's none of the listed prohibited sites. But I was told they would risk being wrong and fire me. I've heard that since texas is a right to work state they can fire me still. I would like to pursue this and possibly get this changed, or find out if there right. I guess I will need to speak with a lawyer.

chasesmallwood10 wrote:It's none of the listed prohibited sites. But I was told they would risk being wrong and fire me. I've heard that since texas is a right to work state they can fire me still. I would like to pursue this and possibly get this changed, or find out if there right. I guess I will need to speak with a lawyer.

You might ask them to go on the record in writing that they will violate the state law and fire you anyway. I think by saying what they have, they've now given you a good case to sue them in the future should they ever let you go for whatever reason.

That said, I probably would drop the matter and not keep the gun in your car at work. It just depends on your risk tolerance. Still, I think they've now done you a favor should you be fired in the future. Just because Texas is "employment at will" state (like 48 others), you still have recourse should they fire you for a reason protected by state law.

chasesmallwood10 wrote:I would like to know what my options are?

I'd start by telling my friend to NEVER tell anybody anything about me again..... and then I'd ask him how he proposes to make it up to you for having shared your superduper top secret information with strangers without having first secured your approval.

If he can't see where he went wrong, I'd rapidly move him from the "friends" folder to the "people I know and wish I didn't" folder.

The challenge is proving the gun in the car is the reason they terminated you. They could easily say it was another cause, no cause at all or just eliminated the job. Then you will have to prove it was because of the gun. If it were me, I would probably contact NRAILA as suggested and/or just lay low.

I would also weigh the likelihood of them finding out I have a gun in my car. I've known of others that have carried in their vehicles for many years and no one knew about it.

mojo84 wrote:The challenge is proving the gun in the car is the reason they terminated you. They could easily say it was another cause, no cause at all or just eliminated the job. Then you will have to prove it was because of the gun. If it were me, I would probably contact NRAILA as suggested and/or just lay low.

I would also weigh the likelihood of them finding out I have a gun in my car. I've known of others that have carried in their vehicles for many years and no one knew about it.

That's why you should "get it in writing" from them, or find someone who can testify to the fact that they told you they would fire you in contravention of state law.

ScottDLS wrote:

mojo84 wrote:The challenge is proving the gun in the car is the reason they terminated you. They could easily say it was another cause, no cause at all or just eliminated the job. Then you will have to prove it was because of the gun. If it were me, I would probably contact NRAILA as suggested and/or just lay low.

I would also weigh the likelihood of them finding out I have a gun in my car. I've known of others that have carried in their vehicles for many years and no one knew about it.

That's why you should "get it in writing" from them, or find someone who can testify to the fact that they told you they would fire you in contravention of state law.

The problem is, if they let some time go by from the time they tell him he can't keep the gun in his car and find out he has a gun in the car until the time they fire him, it would be hard to prove that was the reason he was fired. Especially if they use the time to document unrelated mistakes or hiccups. It's just a tough situation and isn't clear cut. Plus, how conducive is it to the work environment when you threaten to sue the company with whom you are employed?

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.

This is a sad situation. Your friend/coworker should have kept his mouth shut. It's also sad that your employer was so freaked out that he felt the need to confront you over this. This says a lot about their current mindset and perhaps how you are/will be perceived in the future.

How long have you worked at this place?

It's a very large globe company. I've been there for 5 year. And I'm just stepping into a semi management position and would hate to risk my employment.

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]

chasesmallwood10 wrote:It's a very large globe company. I've been there for 5 year. And I'm just stepping into a semi management position and would hate to risk my employment.

I think that's your answer.

Unfortunately SB 321 didn't contain an express private right of action for employees that get terminated under these conditions.
Texas courts have traditionally not gone against "at will" employment situations. It's not clear (in my mind) that you would necessarily win anything.... To be more sure, we'd need some case law.

chasesmallwood10 wrote: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?

1. Leave your guns at home.
2. Carry a gun in your car and park offsite.
3. Leave a gun in your car at work.
4. Carry a gun on your person at work.

These choices each have different risks. Only you know what risks you're willing to take.

I was in a very similar situation to the OP for years ever since the Parking Lot law was passed until someone at my company finally either wiser up or asked a different lawyer. They insisted they knew the law and could still prevent a CHL from carrying in their car because it was private property. Earlier this year, they finally changed their policy. They did it quietly, but they finally did it.

Sorry about the OPs situation.