Written notice must be compliant to the 30.06 law to be legally binding. Without 30.06 wording, an employer may terminate an employee for violating company policy, but the employee wouldn't be guilty of trespass.
Oral notice does not have to use specific wording. If I received oral notice, I'd determine it's length of effectiveness by evaluating:
- Does the person who gave it have the authority to give it (owner, manager, HR rep acting as an agent of the company)?
If not, I'd either disregard it or only heed the notice for one visit to avoid confrontation.
- Is the person who gave it still in charge?
If so, and I have a way of knowing that, I'd likely consider the notice still in force for a period of time. . . months? a year?
- Is there a record of me receiving it?
If so, I'd assume it was valid until I am told otherwise or the management / ownership changes significantly. If it was an employment situation, I'd want to know if the record of me receiving it is in my HR file. . . like meeting minutes, etc.
Some examples:
If a Best Buy manager stood at the entrance of the store bellowing "no handguns here, even CHLs", I'd assume it was effective for that visit and others in the near term. I'd likely disregard it a couple of months later. There was no record that I received that notice. I don't know if that manager is still around. In my opinion, they need to keep telling it to me periodically.
If a small business owner that knows me personally gave me notice, I'd assume that notice is valid until he sells the business or tells me otherwise.
There is nothing in the law about the effective length of such notice, and no case law that I'm aware of, so your mileage may definitely vary. I'm trying to use the "reasonable person" standard and the "what can they prove" measuring stick.
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- by fickman
- Mon Jan 14, 2013 12:36 pm
- Forum: General Texas CHL Discussion
- Topic: Verbal warning valid if given before having license
- Replies: 7
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