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by ScottDLS
Wed Dec 09, 2015 10:38 pm
Forum: General Texas CHL Discussion
Topic: What really counts as notice
Replies: 42
Views: 5420

Re: What really counts as notice

:iagree:

That was my point.
by ScottDLS
Wed Dec 09, 2015 12:12 pm
Forum: General Texas CHL Discussion
Topic: What really counts as notice
Replies: 42
Views: 5420

Re: What really counts as notice

C-dub wrote:The concept of rank in a civilian company, to me, is mostly irrelevant. I've been in a large company with all those different levels and stuff and a director in another department had no real authority over me.

As Beiruty mentioned, HR managers or directors are very powerful folks. The line from them to folks much higher up is considerably shorter even though they may not have a title higher than mine. IMHO, the OP has been given oral notice. It may not be correct, but I wouldn't be willing to take that chance. I would be willing to get it clarified by someone higher up that seems to be open to the idea.
If the HR manager states a policy that is not a policy and that typically is set in the company by higher level, then I don't see how they have apparent authority to tell you. Hypothetical - I am a Director. I have the explicit permission to be on the property of my company. There is no written policy against carrying. The HR manager, or receptionist for that matter, comes to me and states that it is company policy that I can't carry. It's not, and he has no authority to make it so. Why does this constitute notice that I no longer have permission to remain on the property armed?
by ScottDLS
Wed Dec 09, 2015 10:37 am
Forum: General Texas CHL Discussion
Topic: What really counts as notice
Replies: 42
Views: 5420

Re: What really counts as notice

...411.203 gives an employer the right to prohibit employees from carrying concealed handguns in their place of business and that prohibition need not be as per 30.06 either as to the "apparent authority" clause or to the oral or written clause. They just need to inform the employee in some manner as to the prohibition. I suspect that information comes in the form of a new hire briefing or employee handbook, etc.
This is fine, except if communicated in written form rather than oral, it must be in the 30.06 language in order to invoke trespass. So if your written policy says "no guns" but doesn't follow the 30.06 language, you won't be breaking the law, though you still may be fired.

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