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by E.Marquez
Tue Aug 06, 2013 10:13 am
Forum: General Texas CHL Discussion
Topic: New Company policy
Replies: 54
Views: 7169

Re: New Company policy

If you decided to not sign the new policy, and they bring it up..
Consider issuing the most senior person in the company you have access to a version of this letter tailored to your situation

Copied from another thread here http://texaschlforum.com/viewtopic.php? ... lit=hilton" onclick="window.open(this.href);return false;
Commissioner Jerry Patterson wrote:
Gentleman,

I recently picked up a member of the Texas State Board of Education (SBOE) from the Doubletree on 15th St in Austin and noticed the new signs announcing that concealed handguns are not permitted (the signs are silent on whether other types of firearms such as rifles and shotguns are prohibited).

I have several questions:

1. Is a firearm in a personal vehicle in your garage prohibited?
2. Since I was in my vehicle and armed when I drove up to pick up my colleagues the other night, was I in violation of your policy?
3. When you accept reservations do you inform your guests of this policy so that they are not surprised when they arrive?
4. If a guest with reservations and a firearm, and who was not aware of your new policy arrived at your hotel would you provide safe off premises storage for the weapon?
5. If there were no provisions for storage of a firearm, would you insure the guest could find other equivalent lodging in Austin even if all hotels were booked as is often the case?
6. Since most of the SBOE members stay at your hotel because they can walk to state office buildings, do you assume an additional obligation for the personal safety of guests who are disarmed by your policy and who may be victims of crime while on or off your premises, particularly while walking at night to and from meetings?
7. Do you have any concern that the signs posted on your building might attract criminal activity since criminals are likely to be attracted to a location where they believe their potential victims are unarmed? Does this obvious incentive for criminal activity create an additional liability for you if a guest is assaulted?
8. Are you aware that the signs you have posted likely do not comply with Texas Penal Code section 30.06 and therefore may not be legally sufficient to ban handguns from your property?

While a State Senator, I was the author of Texas' concealed handgun law. There are few if any in the State of Texas who are more familiar with state and federal firearms law than I. Additionally, I have spent approximately $15,000 hosting receptions at your hotel, and have attended many others as a guest of other elected officials and the Republican party. I can reasonably state that tens of thousands of dollars of future revenue may be in jeopardy if this senseless policy remains in effect.

I recognize there is a great deal of misunderstanding about Texas firearms law, and frequently premise holders believe posting signs may be required by law in order to achieve some desirable objective. In other words, posting these signs is not always an informed decision.

While I am not an attorney, I am more than willing to explain Texas firearms law to anyone with the Hilton Hotel corporation. I'm very qualified to do so since I authored most of the laws pertaining to carrying handguns while I was a member of the Texas legislature.

I look forward to hearing from you.

Sincerely,
Jerry Patterson

Commissioner, Texas General Land Office
by E.Marquez
Mon Aug 05, 2013 6:12 pm
Forum: General Texas CHL Discussion
Topic: New Company policy
Replies: 54
Views: 7169

Re: New Company policy

TexasCajun wrote: Even in Texas, if a company doesn't give a reason for dismissal, they are liable for unemployment claims and open to a wrongful termination suit. Also, no employer is allowed to terminate for discriminatory reasons.
Yes and that is why every HR person I know (more than a few here in TX) has been taught you do not give a reason.. as a reason can be considered appropriate, ill advised, or illegal .. And termination for wrongful reasons thus denying unemployment is a separate deal for sure.

Sorry If I was not more clear in my respons..

OTHER than for termination for cause... a smart manager or HR person will give a "reason" for termination as something like "we are going a different direction" "your services are no longer required" or something else that in no way can be considered discriminatory by a reasonable person.

Im sure there are many ways to terminate a person's employ that leave the company open to legal issues and they are used every day..
by E.Marquez
Mon Aug 05, 2013 5:23 pm
Forum: General Texas CHL Discussion
Topic: New Company policy
Replies: 54
Views: 7169

Re: New Company policy

RoyGBiv wrote:
baldeagle wrote:The law allows you to keep a weapon in your car, however, if company policy prohibits it, you could be terminated for cause if found out. There would be no legal repercussions.
I don't believe this is correct (underlined part).... Someone with specific legal knowledge of TX employment law should be consulted.

It is AGAINST TX LAW for an employer to prohibit storage of a legal firearm in Employer parking lots, with very specific exceptions.
I think you're correct, but they can fire you because it's tuesday, the sun is up, or simply tell you nothing more then exit the building.. And most companies know that,, HR departments if they are even mediocre, will NEVER give you a reason you're fired... just that you are.
by E.Marquez
Mon Aug 05, 2013 5:13 pm
Forum: General Texas CHL Discussion
Topic: New Company policy
Replies: 54
Views: 7169

Re: New Company policy

Legally I think you're fine for the parking lot.. inside the building you have now been given notice.....I think...

But employee wise..
If you contest, your going to see issues, fired perhaps if you refuse to sign.

If you sign but ignore company policy and one day get outed you'll be fired..but legally ok.

Either way it looks like you're out of a job... now, or MAYBE someday later. On the bright side, between now and someday, you'll be able to defend your self or a third party if needed.

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