TexasCHLforum.com

The Annoyed Man wrote:

TexasGal wrote:I am betting none of that is actually against the law for an employer to ask an employee. I hate to say it, but we need a law change that protects an employee from an employer asking if they have a CHL. In Texas, they can fire you for refusing to answer that if they want to...or for many other reasons they take a dislike to you. Good luck getting a direct answer in writing as to the "actual" reason for firing you. It's better if they are not allowed to even ask you.

I don't know if this is true in Texas or not, but in California, an employee has the right to demand a copy of the entire contents of their employee file, for any reason whatsoever, and the employer is required to give it to them.....in its entirety. I don't know if that is California state employment law, or federal employment law. If it is federal, then the first thing I would do before answering the gunquestions is immediately request a complete copy of my employee file. That way, if they try to invent a reason to fire you unrelated to a refusal to answer the gun questions, you'll have the evidence to disprove any bogus accusations. Now, they can still "downsize" you out of the job, or change the job's prerequisites so that you no longer qualify for the position, or some other crapulent reason, but they won't be able to allege prior poor performance as a reason for termination, because your record will presumably negate that argument. It's true that a company can fire you for almost any reason, but they still have to be careful, because there is still such a thing as wrongful termination....and if they lose, it gets real expensive.

I'm no lawyer, but here is what the TWC says about wrongful termination (http://www.twc.state.tx.us/news/efte/wr ... harge.html):

Wrongful Discharge

The basic rule in Texas is the "employment at will" doctrine: absent an express agreement to the contrary, either party in an employment relationship may end the relationship or change the terms and conditions of employment at any time for any reason, or even for no particular reason at all, with or without notice.

There are several exceptions, both statutory and court-made:

1. statutory exceptions
   1. state and federal employment discrimination statutes: a discharge may not be based upon a person's race, color, religion, gender, age, national origin, disability, or citizenship, and many states add veteran status and sexual orientation to the list
   2. protected activity (something the law entitles an employee to do without fear of retaliation)
   3. bringing suspected wrongdoing to the attention of competent government authorities (state and federal whistleblowing statutes)
   4. filing various types of claims (OSHA, federal wage and hour, workers' compensation, employment discrimination, etc.)
   5. military duty
   6. jury duty
   7. voting
   8. engaging in union activity
2. common law exceptions (i.e., exceptions found in court decisions)
   1. public policy: it is illegal to discharge an employee for refusing to commit a criminal act
   2. contractual - if a discharge would violate an express employment agreement, it would be a wrongful discharge; includes collective bargaining agreements
3. In Goodyear Tire & Rubber Co. v. Portillo, 879 S.W.2d 47 (Tex. 1994), the Texas Supreme Court ruled against a company that had failed to enforce its anti-nepotism policy for 17 years and then suddenly fired an employee who was known all that time to have violated the policy.
4. Remedies for wrongful discharge can include reinstatement, back and future pay, promotion, punitive damages, and an injunction against future illegal conduct. In addition to compensating the employee, the employer can also be made to pay attorney's fees, expert witness fees, and court costs.

It would seem to me that (2)(b) provides the CHL with a modicum of protection:

1. They are taking part in a protected activity which the law allows an employee to do without fear of retaliation; and
2. CHL law deliberatly protects the confidentiality of the CHL holder.

It would seem to me that a competent employment attorney could make a case for wrongful termination if a CHL holder was fired for refusing to answer questions pertaining to his/her possible CHL status, if the questions were not asked by law enforcement.

Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.