Employers and CHL Discovery

[IcheeWaWa]

I recently started a job with a new company which has a strict No Weapons policy. Part of the written policy manual states that a CHL holder is required to notify HR. Additionally, they want a photocopy of the license. Can they require this?

I was also shocked to learn that my license holder status was revealed on a standard background check. Shouldn't I have gotten a letter from the DPS?

[txinvestigator]

I recently started a job with a new company which has a strict No Weapons policy. Part of the written policy manual states that a CHL holder is required to notify HR. Additionally, they want a photocopy of the license. Can they require this?

What would prevent them from requiring it? Texas is an "at-will" employee state. Meaning they can fire you for any non-federally protected reasons like race, gender, religious belief, etc.

There is no real way to compel you to disclose your status; however, if you lie and they discover your deception they can terminate you.

I was also shocked to learn that my license holder status was revealed on a standard background check. Shouldn't I have gotten a letter from the DPS?

First, what is a "standard background check"? Second, no they did not discover your status on any check (assuming you have a Texas CHL) other than requesting your status from DPS in writing. If your employer did that, then DPS will notify you at your address on file. Have you moved from the address on your CHL?

[IcheeWaWa]

I recently started a job with a new company which has a strict No Weapons policy. Part of the written policy manual states that a CHL holder is required to notify HR. Additionally, they want a photocopy of the license. Can they require this?

What would prevent them from requiring it? Texas is an "at-will" employee state. Meaning they can fire you for any non-federally protected reasons like race, gender, religious belief, etc.

There is no real way to compel you to disclose your status; however, if you lie and they discover your deception they can terminate you.

I'm not going to lie about it. They know about it...so that would be that :)

I was also shocked to learn that my license holder status was revealed on a standard background check. Shouldn't I have gotten a letter from the DPS?

First, what is a "standard background check"? Second, no they did not discover your status on any check (assuming you have a Texas CHL) other than requesting your status from DPS in writing. If your employer did that, then DPS will notify you at your address on file. Have you moved from the address on your CHL?

I signed a form yesterday allowing them to perform a background check on me. One other person in my department did the same. Today, HR knows that we have a CHL. I have not moved in the past 10 years or so. I'm just wondering how it turned up.

[txinvestigator]

I recently started a job with a new company which has a strict No Weapons policy. Part of the written policy manual states that a CHL holder is required to notify HR. Additionally, they want a photocopy of the license. Can they require this?

What would prevent them from requiring it? Texas is an "at-will" employee state. Meaning they can fire you for any non-federally protected reasons like race, gender, religious belief, etc.

There is no real way to compel you to disclose your status; however, if you lie and they discover your deception they can terminate you.

I'm not going to lie about it. They know about it...so that would be that :)

I was also shocked to learn that my license holder status was revealed on a standard background check. Shouldn't I have gotten a letter from the DPS?

First, what is a "standard background check"? Second, no they did not discover your status on any check (assuming you have a Texas CHL) other than requesting your status from DPS in writing. If your employer did that, then DPS will notify you at your address on file. Have you moved from the address on your CHL?

I signed a form yesterday allowing them to perform a background check on me. One other person in my department did the same. Today, HR knows that we have a CHL. I have not moved in the past 10 years or so. I'm just wondering how it turned up.

The only way is to request, in writing, your CHL status from DPS.

I am a Private Investigator and Personal Protection Officer (think armed bodyguard) in addition to teaching CHL/firearms. Believe me, a resource where I could, in 24 hours, know if a person possessed a CHL would be invaluable.

[Charles L. Cotton]

It sounds to me like that have someone running a check on their TDLs. (this used to be called a CPL, but that may have changed.) That's a big "no-no."

Chas.

[kauboy]

My guess is they performed the check before you ever signed anything. They don't need your permission to write to the DPS and inquire about you, just like I don't. They only need your name. The form you signed is probably some paranoid legal thing that they feel they have to do.
Sorry your cover has been blown, but at least you know they are somewhat tolerant of the idea of a CHL holder working there. You may one day be able to convince them that allowing carry at work is not such a bad thing. They certainly can't stop you from doing it now, unless given "proper notice", but you will probably have more scrutiny than your fellow employees. And, like TXI said, you will most likely be fired if they ever find out.

[txinvestigator]

It sounds to me like that have someone running a check on their TDLs. (this used to be called a CPL, but that may have changed.) That's a big "no-no."

Chas.

I am embarrassed to admit I did not consider that. However, it is a possibility. If a LEO or LE communications operator runs the Driver License for them, the CHL would show. Doing that can cost the person their job, a HUGE fine and also a fine to the agency, I believe.

[kauboy]

So could he get fired and then bring suit due to their illegal practices? (assuming this is the case)

[stevie_d_64]

I wonder what makes for an "improper" background check by an employer???

The information gain on you, or the method to which it was gained???

Some employers appear to be getting wise to what they can, and could do in finding out something about an employee...

I don't see it as harsh as "Txi" does in it being "deceptive" in not revealing something about you that you deem un-necessary for anyone to know in the performance of your job...

There was an underlying theme to the discussions about the "parking lot bill(s)" that it was some sort of compramise in getting those bills forward in the process, that the employer would be allowed to inquire to any employee wishing to stow their weapons in their vehicles on their property (not premises, buildings)...I saw no illegality in not divulging that information, yet the termination risk was there anyway...

So I figured it was not criminal to keep your licencing information private, yet you could be fired for not divulging the same...That looks awfully like a Catch-22 situation...

There is still something deep down in this issue that still kinda bothers me, but if we want a bill that doesn't really change the way I go about doing my business everyday...Okey Doky...

But if someone is using some improper investigative avenues, how would we (as common serfs) find out about that??? And what recourse could we explore in effective legal action to take against someone (employer) illegally gaining access to our private information???

BTW, I have something that trumps a Federally protected right...

Its called a Constitutionally protected right...That Federal stuff is just gravy as far as I am concerned...

But to some I am wrong and annoying...Thats ok, I get over it quickly...

[seamusTX]

So could he get fired and then bring suit due to their illegal practices? (assuming this is the case)

You can always sue anyone, but I very much doubt that a large company is doing illegal searches, or that anyone in the police department would cooperate with it.

- Jim

[Mithras61]

Just thinking out loud here for a second...

How would this be affected by the CHL confidentiality bill (law?) and the employer parking lot bill?

Seems to me that the first would rule out the employer finding out except through you revealing it, and the second would require that you reveal your CHL status if you choose to stow it in your vehicle and your employer wants you to "register" with them.

Am I reading these bills correctly?

[KD5NRH]

It sounds to me like that have someone running a check on their TDLs. (this used to be called a CPL, but that may have changed.) That's a big "no-no."

That's what I was thinking; does the system log all queries? It could be worth a letter to DPS expressing the concern over the speed of the response and the fact that he hasn't been notified by DPS of the request. If there are logs, they should have access to find out who has accessed his DL information.

[kauboy]

I guess you would be asked by your employer to sign a waiver to access that information. It is not currently necessary, but that won't be the case when the confidentiality bill passes.
If you sign it, they find out.
If you refuse, they suspect and become even more annoying.
Either way, you smash your hand with a hammer.
Anybody who doesn't carry won't know, nor care, about signing the form and will sign it just because.

[frankie_the_yankee]

BTW, I have something that trumps a Federally protected right...

Its called a Constitutionally protected right...That Federal stuff is just gravy as far as I am concerned...

But to some I am wrong and annoying...Thats ok, I get over it quickly...

It only trumps other parts of the law if you think you can get a piece of 200+ year old paper to jump out of its glass case and "protect" you from all of the men (and women) with guns who will come after you if you think your interpretation of the Constitution is superior to what the courts have currently established through case law, and you act on those thoughts.

Now, if you (and/or your lawyers) can convince those same courts that your interpretation is correct, then all those people with guns I was referring to will be protecting your rights (as you have now established them) instead of coming after you.

[135boomer]

Maybe I'm just stupid, but, unless a CHL is required for the job, why would they even be interested or think that it is any of their business?