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If they told you orally, no exact words are required.[/quote]

Oral statements don't hold up in legal matters. It turns into he said she said. You need written statements in legal matters. Oral statements are hard to prove.

tacticool wrote:

WildBill wrote:

tacticool wrote:I think it will be an uphill fight in this case, because it was the company who called the authorities, not the employee. Nobody was arrested, but I wouldn't be surprised if their lawyer uses it at trial. Similar to the hypothetical we hear about the BG calling 911 first, it's going to paint a picture in the juror's minds.

This is a civil trial. There would be no reason for the employee to call the police.

I thought the allegation was that he was fired because the company was breaking the law and/or the driver refused to violate the law. If he had blown the whistle ("called the authorities") and was fired afterward, it may support the theory that he was fired for whistle blowing and/or refusing to break the law.

However, the records will show that it was the company who called the cops. It turns out that the driver didn't violate the law. However, the 911 call may support the theory that the driver was fired for having a gun at work.

The truth is irrelevant in court. What matters is what the judge and/or jury believes.

Also, if they never told him he couldn't have a gun at work then they should not be able to fire him on the spot and get away with it. They can fire him but they would have to give a different reason. They would need to warn him to never bring the gun back but if this is the first time he's been told about a gun and they don't have written policy they are going to have a hard time saying they fired him for bringing a gun to work when he's never been told not to.

OP: Contact the Department of Labor. If you story is correct and thing's happened as fast as you say they did and possibly you have some witnesses that would stand up for you then you have a very good case IMO. In Texas they can fire you for whatever they want but, you have grounds to sue because of the events that lead up to the firing. Also, if they fired you because you were carrying a gun and they never gave notice that guns were not to be carried then you have a case to that as well.

They would have done better to tell you that they just didn't need you anymore than this. Thy have to give you fair warning like in an employee handbook or verbal communication but actually an employee handbook is the legal way or at least paperwork they can prove you have read and signed. They just can't come out and say "you can't wear a shirt with no collar and fire you" as an example if you've been given no form of communication on the proper clothing.

Also the Whistle blower should cover you for the weight of the truck etc..


Good luck and keep us posted. I personally think their foot is in a sling.