New Company policy

[tubular031]

The company I work for is a small place. We are growing fast and have brought on a new HR/compliance person. They are asking that we sign the new employee handbook defining the office policies.

We are in a multi tenant office building that does NOT have any signs on the door ( gun busters or 30.06) The section in the new handbook says

"Workplace Violence and Weapons Policy
The possession, selling or use of firearms or weapons by an employee, customer, vendor or other visitor
on Company property, including the parking lot is strictly forbidden and will result in immediate
termination. This policy also applies to any person carrying a concealed handgun licensed under the
Texas Concealed Handgun law. Not only is this for the safety of all employees but is forbidden in our
lease."

This rule was not in place when I started here over 2 years ago. They want me to sign it. Is this something that they can enforce without a 30.06 sign?

[baldeagle]

The company I work for is a small place. We are growing fast and have brought on a new HR/compliance person. They are asking that we sign the new employee handbook defining the office policies.

We are in a multi tenant office building that does NOT have any signs on the door ( gun busters or 30.06) The section in the new handbook says

"Workplace Violence and Weapons Policy
The possession, selling or use of firearms or weapons by an employee, customer, vendor or other visitor
on Company property, including the parking lot is strictly forbidden and will result in immediate
termination. This policy also applies to any person carrying a concealed handgun licensed under the
Texas Concealed Handgun law. Not only is this for the safety of all employees but is forbidden in our
lease."

This rule was not in place when I started here over 2 years ago. They want me to sign it. Is this something that they can enforce without a 30.06 sign?

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. You can protest the policy and refuse to sign until they remove the parking lot prohibition, but that would be a judgment call on your part. Depends on how badly they want to keep you as an employee.

[RoyGBiv]

Is this something that they can enforce without a 30.06 sign?

Yes... You have now "received notice". A sign is not required.

The section in the new handbook says

"Workplace Violence and Weapons Policy
The possession, selling or use of firearms or weapons by an employee, customer, vendor or other visitor
on Company property, including the parking lot is strictly forbidden and will result in immediate
termination. This policy also applies to any person carrying a concealed handgun licensed under the
Texas Concealed Handgun law. Not only is this for the safety of all employees but is forbidden in our
lease."

You should already be aware that they cannot legally fire you for having your gun stored in your car in the parking lot.
They can fire you for no reason at all... since TX is a right to work state, but if they fire you and tell you it's because of your stored gun, you MAY have grounds for wrongful termination.

http://nraila.org/legislation/state-leg ... -b.aspx?s=" onclick="window.open(this.href);return false;
http://www.capitol.state.tx.us/tlodocs/ ... 00321F.htm" onclick="window.open(this.href);return false;

A public or private employer
may not prohibit an employee who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition from transporting or storing a firearm or
ammunition the employee is authorized by law to possess in a locked,
privately owned motor vehicle in a parking lot, parking garage, or
other parking area the employer provides for employees.

There are exceptions to the "parking lot law"... you should read it in its entirety, carefully.

I am not a lawyer, this is not legal advice, just my opinion.

[E.Marquez]

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.

[RoyGBiv]

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.

[RoyGBiv]

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

Good point.!

[E.Marquez]

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.

[MoJo]

You have been given effective notice if you sign or not. The language about the parking lot is legally unenforceable, but you could still be fired. How badly do you need the job and how hard would it be to find another one?

If it were me I would sign it, keep my mouth shut, and put my resume out and look elsewhere.

[SewTexas]

is there a spot close that you can park? I had a friend in CO who would park just outside of his parking lot, basically on the road along the parking lot, there were several of them who did it, and everyone knew why, but no one spoke about it.....

[TexasCajun]

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.

I know it's common to think of an at-will state in terms of firing as well as hiring. But that's not really accurate. 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. This came from a seminar I attended a couple of years ago, the OP should consult an attorney before deciding on a final course of action. Also, I seem to recall that the NRA-ILA had a place on their website where you could submit employer policy that violates the law with regard to handguns i.e. the parking lot law. Once submitted the NRA works with/encourages employers to correct their errant policy.

[E.Marquez]

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..

[tubular031]

I am not worried about them firing me at all. If that did happen I could find another job easy. I already have people trying to get me to work for them. I am more interested in any legal action against me. If its the job to worry about I'll ignore it. If I could go to jail or have to goto court that's another story.

Anyone know a lawyer I can talk to? I don't mind spending a few bucks to have my rear covered.

They said we need to sign it by Monday.

[alvins]

legal action against you? just keep your gun in your car and your mouth shut about it.

just remember HR is their to protect the company not you.

I have been fired a few times in my career and every single one of them had to pay me unemployment. just because your at will doesnt mean they can just do anything they want.

[tubular031]

I want to keep it on me like I have done everyday for the past 2 years as long as there is no legal issue. I don't care if they want to fire me.

[C-dub]

I don't see how the OP has been given effective notice that could result in any legal action against him unless someone has orally told him that guns are forbidden inside. We all know about the parking lot law, but any written notice in a letter or employee handbook must also be word for word the same as a 30.06 sign except for the size. This whole situation is early identical to my employer except mine has over 1,000 employees. I even asked if they were going to change their parking lot policy before the new law went into effect. They did not and said they knew the law.