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TxBlonde wrote:

Keith B wrote:

TxBlonde wrote:Last Time I checked someone has to tell you that you can not have a gun before they can just fire you for having one

Actually, no they don't. There are people fired all of the time, right or wrong, for reasons that don't make sense. At that point you have to do what you are doing now and fight it. And, while you may get an arbitrator or judge to rule in your favor, the problem will now be that your husband would have to return to a potentially hostile work environment if he goes back to that company. And you can surely bet that they will tell him he can't have a gun on property with witnesses in place when told and they have 30.06 signs now posted.

Bottom line, sounds like he was unjustly fired, but burden of proof will be on you guys with a costly legal battle. Good luck on the case!

His old manager admitted to no policy before that day and none till 3 days after that date of fire

I understand that, but they can still fire someone for doing something even they don't like even if it is legal and they never told them not to do it.

For instance, I know of a case where a company fired an individual for drinking while at lunch. He was basically on his own time and when he came back he was not intoxicated per se as he had only had one beer, but he had alcohol on his breath. There was no written policy stating you couldn't drink at the company and no one had ever verbally told him he couldn't drink at lunch. However, he was still fired for doing so because a co-worker complained that he had been drinking as they cold smell it. He did fight it for awhile, but an arbitrator sided with the company. He basically ran out of money on legal fees and ended up dropping the case with an agreement that the previous company would only state he was released due to irreconcilable differences if asked about his termination.

TxBlonde wrote:Last Time I checked someone has to tell you that you can not have a gun before they can just fire you for having one

Actually, no they don't. There are people fired all of the time, right or wrong, for reasons that don't make sense. At that point you have to do what you are doing now and fight it. And, while you may get an arbitrator or judge to rule in your favor, the problem will now be that your husband would have to return to a potentially hostile work environment if he goes back to that company. And you can surely bet that they will tell him he can't have a gun on property with witnesses in place when told and they have 30.06 signs now posted.

Bottom line, sounds like he was unjustly fired, but burden of proof will be on you guys with a costly legal battle. Good luck on the case!

Since Texas is an 'At-Will' work state, and does not have an Implied Contract exception, it is going to come down to the burden of proof falling on your lawyer to try and show that your husband was fired unjustly for refusing to do something illegal (haul an overweight load) and NOT legitimately fired for violating a company no firearms policy. It will be a very hard fight as employers unjustly fire people all the time.

Now, from a breaking the law standpoint, the only way he would have been illegal is if there were 30.06 signs (there were none), the policy manual spelled out the 30.06 verbiage in it (it supposedly is not and doesn't even mention firearms), OR he had been given oral notice that firearms were not allowed on property and failed to leave or remove the gun from property. From that portion, the police verified there was apparently no law broken because they didn't arrest him.

So, the only thing you have to do is prove that he was wrongfully discharged from his employment and get an arbitrator to agree to that. The big issue will be going back to work for a company you beat in a lawsuit is almost always a no-win situation as they will usually be documenting EVERYTHING to look for a legit way to get rid of him after that. Not right, but a fact of life and makes for a VERY stressful and uncomfortable work environment.