No one here has questioned the right of the employer to fire the nurse. An employer in Texas can fire anyone for almost any reason. The issue is whether the lady was legally carrying. This appears to hinge on whether or not she was given proper legal notice. If she was given legal notice per 30.06 or not. Right now the only one claiming she was given notice is the Bedford Chief of police. He wasn't there. There have been conflicting reports from other PD members on what notice was given.dac1842 wrote:Bottom line, As an employer if I tell an employee that you are not to carry weapons on company property, it is in your best interest not to do so. At minimum you will be fired. Here is a case where the employee works in a psych ward. Common sense says you don't carry there. If they dont even allow the LEO's to carry there what the heck makes someone with a CHL think they can?
My employer doesnt even allow weapons anywhere on the property, not even in your car. If you are caught you had better have your resume ready because you will need it. I don't agree with it, but there is no law that says I am forced to work there, I work there and abide by their rules.
I have seen many posts where we get caught up on proper wording. Folks I don't want to be the test case, if the INTENT of the owner is to ban weapons either disarm or don't patronize the business, very simple. Personally I don't patronize the business and I tell whoever the manager or owner is that is why I am doing it. I actually had a guy tear down his sign after I made him understand the only people he was keeping out were law abiding people, the thugs will carry regardless of the signage.
As far as wording, and I am no attorney, the court could look at the letter of the law vs the spirit of the law. If the intent was to not allow weapons and a reasonable person could understand the intent regardless of the wording you might be in trouble.
I am an ex cop, I firmly believe in the right to keep an bear arms.
You may have seen many postings but the specific wording and presentation for 30.06 written notification and signage is very specific and doesn't leave much room for interpretation. At this point signage doesn't seem to be an issue because there is no legal signage at the hospital. The Chief of police has pretty much admited this. and is now claiming she recieved written notice. It is clearly specified in PC 30.06.c.3
It is now in the DA's hands he is charged with either letting her go, or pressing forward and trying to prove that she did indeed receive proper notice. Unless she recieved notice in a prior discipline action I doubt she ever received proper written notification. An entry in the employee handbook that says there are no guns allowed isn't Written Communication" according to 30.06. I believe the claim of the nurse receiving written notification is all about putting the blanket on the donkey.pc30.06.c.3 wrote: (3) "Written communication" means:
(A) a card or other document on which is written language
identical to the following: "Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed
handgun";
Now if the issue is about her carrying into a "secured ward" and turns out to be correct then she deserves to be fired. If She was given proper legal notice, she deserves to get charged. Eventually it should unfold. The line has been drawn in the sand.