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My employer (hence the screen name) prohibits guns in the building AND the parking lot.
Can they do that??

gmfitter wrote:My employer (hence the screen name) prohibits guns in the building AND the parking lot.
Can they do that??

Do any of these fit the nature of your employment or carrying?

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:

(1) apply where the possession of a firearm or ammunition is prohibited by state or federal law; or

(A) a vehicle owned or leased by a public or private employer

(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;

(D) a private school, as defined by Section 22.081, Education Code;

(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or

(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, (unless they provide a secure monitored parking area)

If not, they can't prohibit you from CC in your car at work. (IANAL)

Yes, they can do that. And they can fire you for violating company policy. In fact, they can fire you without any reason. And of course, you can quit for any reason. Texas "free will".

Can they call the cops and have you arrested? No. You would not be breaking the law, if you left your weapon in your car.
How would they know?

However, if they posted 30.06 on the buildings, or asked you to leave and you didn't, you would be guilty of trespassing.

oohrah wrote:Yes, they can do that. And they can fire you for violating company policy. In fact, they can fire you without any reason. And of course, you can quit for any reason. Texas "free will".

Can they call the cops and have you arrested? No. You would not be breaking the law, if you left your weapon in your car.
How would they know?

However, if they posted 30.06 on the buildings, or asked you to leave and you didn't, you would be guilty of trespassing.

You might check your facts on that.

They can't legally fire you for that reason, you can't be arrested, and 30.06 on a building does not pertain to the parking lot.

TVGuy wrote:

oohrah wrote:Yes, they can do that. And they can fire you for violating company policy. In fact, they can fire you without any reason. And of course, you can quit for any reason. Texas "free will".

Can they call the cops and have you arrested? No. You would not be breaking the law, if you left your weapon in your car.
How would they know?

However, if they posted 30.06 on the buildings, or asked you to leave and you didn't, you would be guilty of trespassing.

You might check your facts on that.

They can't legally fire you for that reason, you can't be arrested, and 30.06 on a building does not pertain to the parking lot.

Wrong. In Texas, you can be fired for any reason. In fact, you can be fired for no reason. You can also quit with no notice and no reason.

But you cannot be prosecuted. That's the difference.

You can be prosecuted if you violate a 30.06 sign.

oohrah wrote:Wrong. In Texas, you can be fired for any reason. In fact, you can be fired for no reason. You can also quit with no notice and no reason.

But you cannot be prosecuted. That's the difference.

You can be prosecuted if you violate a 30.06 sign.

You can't be fired for any reason. Try firing someone for the color of their skin or gender and see how that turns out for you.

You also can't be fired for CC in your car:

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.

Unless it fits one of the narrow exceptions I mentioned in the previous post.

30.06 on a building (which is what you said) does not apply to the parking lot.

Again wrong. The law protects the employee from prosecution for violating a law. It cannot protect an employee from company policies. And I know 30.06 only applies to "premises" (the legal definition). The parking lot law would protect you from being fired for that reason, but it doesn't matter.

Texas is an "at will" employment state. You can quit anytime you want, and you can be let go any time they want. No reasons have to be given. Example - layoffs.

Now, you have brought up discrimination issues. Yes, these are valid, and an employee can sue and try to prove this, and receive damages. But it doesn't change the basic "at will" situation.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.

oohrah wrote:Again wrong. The law protects the employee from prosecution for violating a law. It cannot protect an employee from company policies. And I know 30.06 only applies to "premises" (the legal definition). The parking lot law would protect you from being fired for that reason, but it doesn't matter.

Texas is an "at will" employment state. You can quit anytime you want, and you can be let go any time they want. No reasons have to be given. Example - layoffs.

Now, you have brought up discrimination issues. Yes, these are valid, and an employee can sue and try to prove this, and receive damages. But it doesn't change the basic "at will" situation.

Firing and layoffs are two completely different things despite "at will" employment in Texas.

I'm not going to argue any more, I posted the law.

I'm no attorney for sure, but the way I read the law, and interpret it is that IF an employer fires an employee for storing a gun in his/her privately owned vehicle, in company parking lot, then the employer is in violation of LC §52.06, and can be sued for wrongful termination, or other damages.

Anyway, that's how I read it. YMMV.

joe817 wrote:I'm no attorney for sure, but the way I read the law, and interpret it is that IF an employer fires an employee for storing a gun in his/her privately owned vehicle, in company parking lot, then the employer is in violation of LC §52.06, and can be sued for wrongful termination, or other damages.

Anyway, that's how I read it. YMMV.

^^^This^^^

That's how it's supposed to be read. Charles played a big role in getting that law passed. I'm sure he or someone else will pop in here and confirm before more false info is spread.

An employer can terminate employment for any reason (or no reason at all), so long as it does not break some other law such as discrimination laws or the parking lot law.

At will simply means there doesn't need to be a reason to terminate an employee or for the employee to quit. If the employer handles things correctly, if they found out a policy was being broken, they can simply terminate the employee and give no reason at all. They will still likely have to pay unemployment. If they fire someone for an offense, it will depend on how bad the offense is. For example, I had a guy taken out in handcuffs for theft. He did not qualify for unemployment. I let someone go earlier this week because she was causing disruptions in the workplace - basically not a good fit. She likely will qualify for unemployment. She accused me of discrimination, but after talking with our HR company, she has no basis for her claim....but that doesn't stop her from making one.

We also have a provision that says that if the employee believes there is a contradiction between the handbook and the law, the employee has the right to bring it to the employer's attention. If your handbook has that provision, you might discuss it with them. Or you might choose to go against the company policy realizing that, if caught, you could lose your job without really knowing why. Or you could follow the policy.

PaJ wrote:An employer can terminate employment for any reason (or no reason at all), so long as it does not break some other law such as discrimination laws or the parking lot law.

At will simply means there doesn't need to be a reason to terminate an employee or for the employee to quit. If the employer handles things correctly, if they found out a policy was being broken, they can simply terminate the employee and give no reason at all. They will still likely have to pay unemployment. If they fire someone for an offense, it will depend on how bad the offense is. For example, I had a guy taken out in handcuffs for theft. He did not qualify for unemployment. I let someone go earlier this week because she was causing disruptions in the workplace - basically not a good fit. She likely will qualify for unemployment. She accused me of discrimination, but after talking with our HR company, she has no basis for her claim....but that doesn't stop her from making one.

We also have a provision that says that if the employee believes there is a contradiction between the handbook and the law, the employee has the right to bring it to the employer's attention. If your handbook has that provision, you might discuss it with them. Or you might choose to go against the company policy realizing that, if caught, you could lose your job without really knowing why. Or you could follow the policy.

If he's a fitter for GM he likely is a UAW member, and has a lot more rights than you or I with regard to employment. "At will" doesn't apply to a union shop if it contradicts the collective bargaining agreement. It's also a bad idea for a business, especially a large business, to enforce a policy that is illegal by making up another reason for an employment action.

And there are a whole bunch of other reasons which an employee cannot be terminated. I wish people would quit saying that a person can be terminated for any reason. It's somewhat true during the initial 90 days from the date of hire, but there are many protected classes. Someone can be fired for no reason if a company wants to, but most don't and go through hoops to document their reasons for termination so that they will be ale to fend off any wrongful termination suits.