Senate Bill 321

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PArrow
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Senate Bill 321

#1

Post by PArrow »

New law goes into effect tomorrow, I asked about AT&T's stance and my boss told me "Company policy is no firearms on Company propery. If you are cought you will be terminated."

So tomorrow I'm packing a plastic gun to put in the trunk of my motorcycle and see what happens..
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives a moderate exercise to the Body, it gives boldness, enterprise, and independence to the mind . . . Let your gun therefore be the constant companion of your walks."
--Thomas Jefferson
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Keith B
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Re: Senate Bill 321

#2

Post by Keith B »

Tell him he better check with the Legal and HR departments. They can't enforce that as the state statute says they can't make rules enforcing it.
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Beiruty
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Re: Senate Bill 321

#3

Post by Beiruty »

What happens to the so many parking lots of big Co that are legally posted 30.06?
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paulhailes
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Re: Senate Bill 321

#4

Post by paulhailes »

Beiruty wrote:What happens to the so many parking lots of big Co that are legally posted 30.06?
If its posted 30.06 its a no go, from what I understand this only effects employers that allow the public to carry, but through company policy forbid employees to carry.
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Keith B
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Re: Senate Bill 321

#5

Post by Keith B »

Beiruty wrote:What happens to the so many parking lots of big Co that are legally posted 30.06?
The 30.06 would not apply to the employee for their vehicle, but it would apply for the premise (building). It WOUD apply to all other non-employees.
Keith
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speedsix
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Re: Senate Bill 321

#6

Post by speedsix »

Keith B wrote:Tell him he better check with the Legal and HR departments. They can't enforce that as the state statute says they can't make rules enforcing it.

...so the guy gets fired for having an Irish Pennant on his shirt...
...loose lips sink ships...this is time to do what you gotta do...QUIETLY...the law looks good on paper...but in the real world, doesn't protect us much...

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PArrow
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Re: Senate Bill 321

#7

Post by PArrow »

Keith B wrote:Tell him he better check with the Legal and HR departments. They can't enforce that as the state statute says they can't make rules enforcing it.
True, but being fired, and hiring a lawyer to get my job back and being ousted 6 months later for some other infraction is not on my short list or fun activities. The NRA wants to hear about employers who side step the law. I think I'll let them handle it..
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives a moderate exercise to the Body, it gives boldness, enterprise, and independence to the mind . . . Let your gun therefore be the constant companion of your walks."
--Thomas Jefferson

speedsix
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Re: Senate Bill 321

#8

Post by speedsix »

Keith B wrote:Tell him he better check with the Legal and HR departments. They can't enforce that as the state statute says they can't make rules enforcing it.

...so he gets fired for having an Irish Pennant on his shirt...
...these are the times to do what you gotta do and be quiet...this new law doesn't give us all that much protection...


...this is disheartening but worth reading, if you're an employee...with FEW exceptions, the one who has the gold STILL makes the rules... http://www.twc.state.tx.us/news/efte/pr ... riods.html" onclick="window.open(this.href);return false;

Stormwatcher
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Re: Senate Bill 321

#9

Post by Stormwatcher »

Keith B wrote:...the law looks good on paper...but in the real world, doesn't protect us much...
I personally think Keith hit the nail on the head. Our government screws up everything they do. Including this bill.

EDIT 9-2-2011 When I made this statement I was uninformed. Please read the following...

viewtopic.php?f=7&t=46515&start=30#p589360" onclick="window.open(this.href);return false;
Last edited by Stormwatcher on Fri Sep 02, 2011 2:11 pm, edited 1 time in total.
CHL Class Taken Oct. 8, 2008
Application Mailed Oct. 9, 2008
Application Rec'd by State Oct. 14, 2008
Rec'd PIN Oct. 31, 2008
Application Completed Jan 26, 2009
Plastic in Hand Jan 30, 2009 (108 days)
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Charles L. Cotton
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Re: Senate Bill 321

#10

Post by Charles L. Cotton »

SB321 "Employer Parking Lot Bill" provides a lot of protection to workers. Yes, there may be some pretext terminations, but that's nothing new and employment lawyers know how to handle these cases. Women, minorities and older workers have been targeted for unlawful termination through a pretext and their employers often get to pay the tab. The quickest way for an employer to be on the wrong side of a large verdict is to lose an employment suit, then terminate the employee later.

When employers engage in pretext terminations, it's almost always because of a monetary gain either directly through lower health insurance costs, lower wages, or by way of productivity costs. There is no monetary incentive to unlawfully terminate someone who has a gun in their car, especially when balanced against the cost of defending a suit and the prospect of a large adverse judgment. When an employer takes the position that an employee can't "prove" the termination was a pretext, they need to remember that I don't have to "prove" anything in court; I just have to make the jury believe it.

We worked long and hard to get this legislation passed, now it's up to each individual to either take advantage of it or not. If anyone doesn't want to rely on SB321, then don't.

Chas.

Stormwatcher
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Re: Senate Bill 321

#11

Post by Stormwatcher »

Well what does SB 321 do for me when I work at a chemical plant and the company still says " no firearms in your locked car."?

I work at a chemical plant in La Porte, TX. I currently hold a valid TX CHL license. I spoke with my human resources manager about SB 321. His response was, our current policy remains, "no firearms in your car". The policy was updated by adding a clause, that basically said, if our policy is in conflict with local laws..... The law would take precedence. My human resource manager also said the company is not changing it's policy and will wait and see how the courts would handle this issue. He said someone at some plant in Texas would be in court soon and that my company has a wait and see attitude towards SB321.

At my plant..... There is an outer fence around the parking lot. The gate stays open 100% of the time during the day. It is sometimes closed at night, if there is no maint. work going on. Anyone can enter and park in the lot when the gates are open. You have to enter this lot to get to security. To get any further into the plant, one must "badge-in" with a security badge.

Can I keep my pistol in my car without worry about getting fired?

EDIT 9-2-2011 When I made this statement I was uninformed. Please read the following...

viewtopic.php?f=7&t=46515&start=30#p589360" onclick="window.open(this.href);return false;
Last edited by Stormwatcher on Fri Sep 02, 2011 2:12 pm, edited 1 time in total.
CHL Class Taken Oct. 8, 2008
Application Mailed Oct. 9, 2008
Application Rec'd by State Oct. 14, 2008
Rec'd PIN Oct. 31, 2008
Application Completed Jan 26, 2009
Plastic in Hand Jan 30, 2009 (108 days)

paulhailes
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Re: Senate Bill 321

#12

Post by paulhailes »

Stormwatcher wrote:Well what does SB 321 do for me when I work at a chemical plant and the company still says " no firearms in your locked car."?

I work at a chemical plant in La Porte, TX. I currently hold a valid TX CHL license. I spoke with my human resources manager about SB 321. His response was, our current policy remains, "no firearms in your car". The policy was updated by adding a clause, that basically said, if our policy is in conflict with local laws..... The law would take precedence. My human resource manager also said the company is not changing it's policy and will wait and see how the courts would handle this issue. He said someone at some plant in Texas would be in court soon and that my company has a wait and see attitude towards SB321.

At my plant..... There is an outer fence around the parking lot. The gate stays open 100% of the time during the day. It is sometimes closed at night, if there is no maint. work going on. Anyone can enter and park in the lot when the gates are open. You have to enter this lot to get to security. To get any further into the plant, one must "badge-in" with a security badge.

Can I keep my pistol in my car without worry about getting fired?
Based on the attitude of your HR department I think it would be hard not to worry, but then again how would they know? Do they search cars often? If not then keep it concealed and keep your mouth shut.

steveincowtown
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Re: Senate Bill 321

#13

Post by steveincowtown »

PArrow wrote:New law goes into effect tomorrow, I asked about AT&T's stance and my boss told me "Company policy is no firearms on Company propery. If you are cought you will be terminated."

So tomorrow I'm packing a plastic gun to put in the trunk of my motorcycle and see what happens..
Don't ask don't tell....for a myriad of reasons.
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bayouhazard
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Re: Senate Bill 321

#14

Post by bayouhazard »

Stormwatcher wrote:Can I keep my pistol in my car without worry about getting fired?
Whether or not you worry is up to you. Does the company often search cars? If not, there's not much to worry about now and there wasn't much to worry about last month, assuming you don't make waves.

Stormwatcher
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Re: Senate Bill 321

#15

Post by Stormwatcher »

paulhailes wrote:Based on the attitude of your HR department I think it would be hard not to worry, but then again how would they know? Do they search cars often? If not then keep it concealed and keep your mouth shut.
Exactly Paul! It's hard not to worry about it! If I got fired.... I feel I would eventually win..... Maybe. But at what cost? My kids are entering college now and I need my job more than ever now!' I don't mean to sound ungrateful for all the hard work that went into getting this bill passed, but the reality is..... If big companies are taking this attitude..... I suspect little guys like myself would not fair well in the litigation, due to all the political dollars lining politician's pockets.

If this true..... What good did the bill do, if Large Companies choose to ignore it.

And No! I have been at my company almost 25 years and to my knowledge... they have never searched vehicles at our facility. Other facilities, but never mine.

The fact that my large global company chooses to ignore the law tells me they know something I don't. Most working class people can't afford to loose their job. If we can still loose our jobs .... What did SB321 do for us?

EDIT 9-2-2011 When I wrote this.....I was uninformed and very discouraged thinking I got left out in the cold. After speaking with informed individuals and doing some research....I want people to know what I actually found out!

Please refer to this thread...
viewtopic.php?f=7&t=46515&start=30#p589360" onclick="window.open(this.href);return false;
Last edited by Stormwatcher on Fri Sep 02, 2011 2:07 pm, edited 1 time in total.
CHL Class Taken Oct. 8, 2008
Application Mailed Oct. 9, 2008
Application Rec'd by State Oct. 14, 2008
Rec'd PIN Oct. 31, 2008
Application Completed Jan 26, 2009
Plastic in Hand Jan 30, 2009 (108 days)
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