mloamiller wrote:srothstein wrote: In Texas, carrying a firearm in your car is now a protected class by virtue of our parking lot law.
You can be fired, but if you are fired for this reason, you should prevail in a wrongful termination lawsuit. You should then win your job back and other damages.
Would the same be true if company policy (by way of the handbook) states CHLs can't carry on the job, but they don't use the proper 30.06 verbiage? As I understand it, in order for the "policy" to be legally binding, it would have to use the exact 30.06 verbiage, just like a sign on the door (I think English only would be OK in the handbook). If they don't, then you're legally allowed to carry (just like carrying past an incorrect 30.06 sign). Therefore, would the same "protected class" status apply to carrying on the job, just like keeping it in your car?
Granted, it would all come down to whether or not you could prove it was the reason you were fired, vs. generic "performance issues." I was fired once because "the company chose to go in a different direction", even though I had received an outstanding review from boss a few weeks earlier.
I don't believe so. The only thing that the exact 30.06 wording does is make you in violation of the law. If the handbook states handguns are not allowed and you choose to carry anyway, you are not in violation of law but your are in violation of company policy which may well result in termination. The reason the parking lot is different is because the law says they can't fire you for having it in your car. There is no law that says they can't fire you for violating company policy unless they include 30.06 wording. So you don't get cited for violating 30.06 but you still get fired.