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by dicion
Mon Mar 07, 2011 6:09 pm
Forum: General Texas CHL Discussion
Topic: Fired because of gun
Replies: 155
Views: 24615

Re: Fired because of gun

KaiserB wrote: I am in a similar situation at my employer, where the policy states "NO GUNS" on the premises, which by TX penal code prevents me from having a gun, even in my car, because I have "received," according to the law, "notice". This one reason why the TX Parking Lot legislation is so important. The employer rights vs. the CHL rights are in conflict in many situations, such as yours and mine, and the FACTS do not always bear the outcome we desire.
Just read through this thread. Had to correct this grossly inaccurate statement above.

If your policy says 'NO GUNS' You can still carry there with a CHL Legally.
Yes, they can fire you, but it's not illegal unless the company policy has the _exact_ text as specified under TPC 30.06, and you are given a 'card or other document' with it on it. A company policy letter or book would count under that.
'Notice' is Expertly defined under TPC 30.06, and if it doesn't meet the requirements exactly, it doesn't count as 'notice'.

Good luck with the suit, I hope you win, but it's going to be very difficult. Proving that the company slandered your reputation by falsely reporting you were carrying illegally will be the easy part. The Cop will be able to back you up that it wasn't illegal. Proving they fired you for reporting a violation, and used the gun to cover it up, that'll be the hard part.

Good luck.

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