Texas AG Opinion on Employer Parking Lot Bill

[doc540]

What can we, Texas citizens, do to help?

[Charles L. Cotton]

What can we, Texas citizens, do to help?

Be ready to make phone calls and send faxes when the calls-to-action go out during the session. As always, timing is everything, not only in turning on the calls/faxes, but in turning them off when asked.

I'll open the 2013 Legislative thread when the first bills get pre-filed.

Chas.

[Chris]

What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.

[The Mad Moderate]

What is the impact of the bill for a delivery driver whose employer bans drivers from carrying weapons?

[apostate]

What is the impact of the bill for a delivery driver whose employer bans drivers from carrying weapons?

It depends whose vehicle. A business may prohibit firearms in a company vehicle, same as a company building.

[XinTX]

What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.

Yep. Company basically says "open your car and permit a search". If you say 'no', it's bye-bye.

[C-dub]

Chris & XinTX, except for the 30.06 signs, my company and yours could be the same. I informed them of the new law two months before it became effective and inquired I could also be given permission to carry inside the building. Our employee handbook allows for such permission, but I don't know of anyone that has been granted that permission. I was told that they know the law and they are not going to change the policy and will not allow guns on the premises or property at all. They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them and in our personal vehicles on any company related business.

We employ over 1,000 people and have multiple locations in North Texas. If one drives from one location to another in their personal vehicle they are forbidden to keep their gun in their vehicle. We were also required to sign a statement to the effect that we give them permission to search our vehicles whenever they want and if we refuse we may be terminated. This form is a condition of employment, but was not in effect when I was hired. It was implemented a few years latter and I was told I could either sign it or start looking for another job.

I have sent this information and a copy of the section from our employee handbook to the NRA person asking for this information.

Charles, I wish my company were one of those that just misunderstood or were unaware of the law, but I know they are aware of it and can only hope that they have been given bad advice from their corporate lawyer. However, based on the responses I have received I have my doubts and think they will have to be forced to comply. Just like any city that posts 30.06 on city property that is not otherwise prohibited, they are willing to take the risk that no one is going to challenge them except that they have one ace up their sleeve. They can fire me and a city can't fire a resident.

I will wait because I really like my job and I trust that when you say a remedy is in the works that there is a light at the end of the tunnel.


Thanks,
C-dub

[Charles L. Cotton]

Send the name and contact information of your employer, along with their personnel policy, to Senator Hegar's office. Then wait until 2013 and see if we can put some very big teeth in the bill.

Chas.

Chris & XinTX, except for the 30.06 signs, my company and yours could be the same. I informed them of the new law two months before it became effective and inquired I could also be given permission to carry inside the building. Our employee handbook allows for such permission, but I don't know of anyone that has been granted that permission. I was told that they know the law and they are not going to change the policy and will not allow guns on the premises or property at all. They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them and in our personal vehicles on any company related business.

We employ over 1,000 people and have multiple locations in North Texas. If one drives from one location to another in their personal vehicle they are forbidden to keep their gun in their vehicle. We were also required to sign a statement to the effect that we give them permission to search our vehicles whenever they want and if we refuse we may be terminated. This form is a condition of employment, but was not in effect when I was hired. It was implemented a few years latter and I was told I could either sign it or start looking for another job.

I have sent this information and a copy of the section from our employee handbook to the NRA person asking for this information.

Charles, I wish my company were one of those that just misunderstood or were unaware of the law, but I know they are aware of it and can only hope that they have been given bad advice from their corporate lawyer. However, based on the responses I have received I have my doubts and think they will have to be forced to comply. Just like any city that posts 30.06 on city property that is not otherwise prohibited, they are willing to take the risk that no one is going to challenge them except that they have one ace up their sleeve. They can fire me and a city can't fire a resident.

I will wait because I really like my job and I trust that when you say a remedy is in the works that there is a light at the end of the tunnel.


Thanks,
C-dub

[JJVP]

They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them and in our personal vehicles on any company related business.

I'm confused about the first part of that sentence "They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them".

Are they saying that you can't keep a gun in your personal car even if you park in someone else's parking lot?

I can see the second part being OK. When you are using your personal car in company business, you car is essentially a company car for that time. I assume you get paid mileage for those trips.

[Charles L. Cotton]

What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.

"Employment-at-will" does not allow the employer to violate any laws. Employers must comply with all state and federal laws and the new Labor Code sections created by SB321 are among those laws.

Currently, the only "teeth" is the Uniform Declaratory Judgment Act and it's not insignificant. Hopefully, the bite will get much worse in 2013, including a specific cause of action for employees, payment of the employee's attorney fees and expenses, and even a substantial civil fine. Since I testified to those items in the hearing last week, I'm not divulging any secrets.

Chas.

[Charles L. Cotton]

What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.

Yep. Company basically says "open your car and permit a search". If you say 'no', it's bye-bye.

During the fight for the employer parking lot bill, I drafted a bill that would have made it a crime to require or even request to search an employee's car, or to require consent as a term of employment. It was not filed because it was a backup to the primary parking lot bill that passed.

Chas.

[Chris]

During the fight for the employer parking lot bill, I drafted a bill that would have made it a crime to require or even request to search an employee's car, or to require consent as a term of employment. It was not filed because it was a backup to the primary parking lot bill that passed.

Chas.

I will see if I can get you a copy of the personnel policy of this company I mentioned. I don't have any affiliation with them, nor do I work there, but I know plenty who do. They employ several thousand just in DFW. I don't know how specific their written policy is on the matter, but I know they are telling employees that a gun found in the car will equate to a termination. Employees have to give authority for car searches as a condition of employment. They had an incident in another state years ago where an employee went to his car, obtained weapons, then went on a killing spree in the company buildings.

One other thing...you probably don't hear it enough, but THANKS. I have testified in committee hearings at the state level, and it is a beating, to say the least. Thank you very much for the work you have done, and will continue to do.

[recaffeination]

I would love to see teeth in 30.06 like government entities lose taxing authority and any state funding for two fiscal years if they post a 30.06 sign on government property that's not covered by 46.035. That will teach them a lesson.

[anygunanywhere]

I would love to see teeth in 30.06 like government entities lose taxing authority and any state funding for two fiscal years if they post a 30.06 sign on government property that's not covered by 46.035. That will teach them a lesson.

Anyone who posts any property as 30.06 must assume total liability for those that enter and must purchase liability coverage for posting in the amount of multiple bazillion dollars.

All 30.06 posters need some teaching moments.

Anygunanywhere

[C-dub]

Send the name and contact information of your employer, along with their personnel policy, to Senator Hegar's office. Then wait until 2013 and see if we can put some very big teeth in the bill.

Chas.

Chris & XinTX, except for the 30.06 signs, my company and yours could be the same. I informed them of the new law two months before it became effective and inquired I could also be given permission to carry inside the building. Our employee handbook allows for such permission, but I don't know of anyone that has been granted that permission. I was told that they know the law and they are not going to change the policy and will not allow guns on the premises or property at all. They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them and in our personal vehicles on any company related business.

We employ over 1,000 people and have multiple locations in North Texas. If one drives from one location to another in their personal vehicle they are forbidden to keep their gun in their vehicle. We were also required to sign a statement to the effect that we give them permission to search our vehicles whenever they want and if we refuse we may be terminated. This form is a condition of employment, but was not in effect when I was hired. It was implemented a few years latter and I was told I could either sign it or start looking for another job.

I have sent this information and a copy of the section from our employee handbook to the NRA person asking for this information.

Charles, I wish my company were one of those that just misunderstood or were unaware of the law, but I know they are aware of it and can only hope that they have been given bad advice from their corporate lawyer. However, based on the responses I have received I have my doubts and think they will have to be forced to comply. Just like any city that posts 30.06 on city property that is not otherwise prohibited, they are willing to take the risk that no one is going to challenge them except that they have one ace up their sleeve. They can fire me and a city can't fire a resident.

I will wait because I really like my job and I trust that when you say a remedy is in the works that there is a light at the end of the tunnel.


Thanks,
C-dub

Thanks Charles. I will get in contact with his office.