TexasCHLforum.com

Alf wrote:

poppo wrote:

Keith B wrote:Can they fire you? Yes, they can fire you for anything, but you will be able to beat them in court for wrongful termination.

Good luck with that since Texas is a "at will" State. They can simply say your services were no longer required and not even mention the gun as the reason.

We let three people go this year. There were no lawsuits or other bogeymen.

Texas_Blaze wrote: just went through 12 wks of recording documentation so I could fire an employee w/ cause. Having cause removes the employees ability to file unemployment claim. The more unemployment claims a corp has, the higher the unemployment insurance they pay to the state. Having cause is good for the corp & the manager. You will be required to testify in case of a lawsuit. I have seen it. At will, yes... fire willy nilly, better not do it.

poppo wrote:

Keith B wrote:Can they fire you? Yes, they can fire you for anything, but you will be able to beat them in court for wrongful termination.

Good luck with that since Texas is a "at will" State. They can simply say your services were no longer required and not even mention the gun as the reason.

Txmarine2 wrote: An unenforceable law, per the AG, that does not protect you from arrest if the employer breaks it by posting. You call that a major victory and freedom? We should expect more from our lawmakers. They will pass a law against individuals and throw us in jail for breaking it without a second thought. They pass a law telling business not to do something and no ramifications whatsoever.

We can agree to disagree, but I think you are DREAMING if you think you could win a wrongful termination one the basis of TLC 52.061. Remember, Texas is an at will employment state. I don't think that suit even flies here if you aren't suing based on protected class status.

SB 321 is a worthless bill that has no practical enforcement. A right with no remedy which means that we have no right to take our guns to work.

Txmarine2 wrote:So what I have learned is...

1. Employers probably aren't supposed to post 30.06 in employee lots, but there is nothing anyone can do about it if they do.

2. If I drive past the sign, I will most likely get fired, probably go to jail and might get convicted.

Nice job on the "Employee Parking Lot Protection Act" Austin.

Dirvin wrote:Keep in mind, fireable and criminially chargeable are not the same thing.

While it may be legal to store a firearm in the parking lot, they can still fire you for it.

Sec. 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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person 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 to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(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, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 that is outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.