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by srothstein
Mon Jan 14, 2013 10:34 pm
Forum: General Texas CHL Discussion
Topic: Verbal warning valid if given before having license
Replies: 7
Views: 2210

Re: Verbal warning valid if given before having license

This is an interesting legal question that I do not have an answer for. In general, I agree that notice is good until rescinded once you receive it. But if you do not have a CHL, written notice has no specific requirements. Even a gun in a circle with a red slash is good enough. If you do not have a CHL and your employee handbook says that guns are not allowed on property, you could be charged with trespassing if you brought a gun on the property.

But if you received the notice and it is not valid for a CHL, does the notice apply once you get your CHL? I don't know the answer. I can see the court saying it is not still valid because it doesn't meet the letter of the law. It might also have a problem with the notice being valid for an employee who has a CHL but got the job and notice first while not being valid for the employee who had a CHL when he was hired and received the notice. But I can also see the court saying it is valid and getting a CHL after receiving the notice is just an attempt to short cut the notice.

I think this one would be decided on the specifics of the case that first hits the court. Other factors would probably come into play that should not have any bearing on the case, like if the employee routinely ignored other rules. My only warning on this is to remember that bad cases make bad case law but we get stuck with it.

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