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Carrying at work
Posted: Thu Aug 23, 2007 12:08 pm
by buda222
I work at a software company in the Dallas area. I was hoping that I wouldn't have to leave my gun in the car all day since the building is not posted - not even a ghost buster sign.
I took my CHL last Sunday at DFW Gun Club (not my favorite range, but it was a good class) and the instructor was talking about the special employee - employer relationship and mentioned the employee handbook.
I dug mine out and found the following:
PROHIBITED CONDUCT
In order to maintain a productive work environment, <company name> expects employee to maintain a standard of conduct that will protect the interests and safety of all employees as well as uphold the reputation of the company.
In order to provide employees with guidance concerning prohibited conduct, the following are examples of types of serious misconduct that may result in discipline, up to and including termination of employment.
While it is impossible to list guidelines to cover situation, the absence of an illustration from this list will not be the basis for avoiding disciplinary action when the Company believes such action is warranted. The activities prohibited by <company name> include, but are not limited to, the following:
...
•Unauthorized possession or use of firearms or any other weapon on Company property.
The handbook doesn't define what is required to Authorize use or possession or who does the authorization.
What so you guys think? Would you carry in this situation?
(for the record - I like my job - at least right now)
Posted: Thu Aug 23, 2007 12:13 pm
by frankie_the_yankee
You would need permission from someone who was considered to be an "officer" of the company.
But don't worry. It ain't gonna happen. Leave the gun in the car or at home (to be really on the safe side).
Posted: Thu Aug 23, 2007 12:20 pm
by bpet
I think the Yankee is correct. But you might also consider leaving any knives, clubs, brass knuckles, etc. in the car. The policy says "weapons" and that covers a lot of territory.
Also, think about what constitutes "company property". Can that be considered to include parking lots?
Posted: Thu Aug 23, 2007 12:22 pm
by buda222
frankie_the_yankee wrote:Leave the gun in the car or at home (to be really on the safe side).
Or unsafe side
Posted: Thu Aug 23, 2007 12:30 pm
by Lumberjack98
I thought that any written policies had to be in compliance with 30.06 wording to be applicable.
Also, I believe that verbal notification that weapons are not allowed constitutes notification and does not have to be in compliance with 30.06 to be in effect and keep you from carrying at work.
So, if you have not received verbal notification, I believe that you can carry at work. However, you have to decide if it is worth the risks involved if someone at work finds out that you carry and turns you in to management.
I have this same situation where I work and I do not carry at work.
Posted: Thu Aug 23, 2007 12:41 pm
by barres
Written notification must meet 30.06 guidelines for you to be charged and convicted of criminal trespass. It would not be illegal for him to carry, unless he also got a verbal prohibition and chose to ignore that, but his job would be in jeopardy as things stand right now.
Buda222, you have to answer for yourself how much you value your job vs. how much you value your ability to carry. Without the parking lot bill passing this past legislative session, I think the company would include their parking lot in their premises, unless they share the lot with another company. You can always park on the street or in another parking area, if you feel you must have your CCW for the drive to/from work and value your job too much to chance keeping it in your car in their parking lot. Assuming you can afford ($) to park elsewhere.
Posted: Thu Aug 23, 2007 12:58 pm
by Xander
Another option would be to conspicuously wear a bullet-proof vest, and when you get pulled into HR to explain, just can just tell them that you need to wear it because you don't feel that it's a safe working environment, given that you aren't allowed to protect yourself.
P.S. I assume no responsibility for the consequences if you choose to follow this course of action.
Posted: Thu Aug 23, 2007 1:04 pm
by Lumberjack98
Xander wrote:P.S. I assume no responsibility for the consequences if you choose to follow this course of action.
Posted: Thu Aug 23, 2007 1:40 pm
by Penn
I probably would not carry, but if you want to follow the letter of the "law" as opposed to the spirit, the policy doesn't state "no weapons" it states no unauthorized weapons. The state authorized the CHL holder to carry concealed. The policy probably means "no weapons that are not authorized by management permitted", but it doesn't say that.
Posted: Thu Aug 23, 2007 2:00 pm
by frankie_the_yankee
Penn wrote:I probably would not carry, but if you want to follow the letter of the "law" as opposed to the spirit, the policy doesn't state "no weapons" it states no unauthorized weapons. The state authorized the CHL holder to carry concealed. The policy probably means "no weapons that are not authorized by management permitted", but it doesn't say that.
No, but that's what it means. And if you're carrying and are found out, you will surely be canned.
Don't carry if you want or need the job.
Posted: Thu Aug 23, 2007 2:18 pm
by stevie_d_64
Buda,
You nailed it with this if it came out of your company employee guide...
"•Unauthorized possession or use of firearms or any other weapon on Company property."
If I were to be annoying and press the issue, this would be my simple take on it...
If you get your CHL...That is the governing authority for you to carry in this state...The employee guide does not specify who the authority is in their case...So they (your employer) made a lame attempt to ban you from carrying "in" their property...They may think they got you, but I do not think they do...
So the vagueness they present is basically leaving you to make a decision...I'm not going to tell you what to do...
But I'll tell you what I'd do...
#1 NEVER SAY ANYTHING ABOUT GUNS OR SHOOTING TO ANYONE AT YOUR JOB, EVER, NO MATTER WHAT!
#2 Once you get your CHL, carry normally to and from work...I would get a little gunsafe and lock it up in your vehicle while on the clock...Do not let anyone at your office see, assume, or have any reason to ask what you have in that thing...If you are cornered, just say you have some emergency cash and supplies in there, to ward off any other inquiries...
#3 Relax and go on with life...No need to worry about much after that...There are plenty of discussions on this website that cover all sorts of other what if's...
Posted: Thu Aug 23, 2007 2:20 pm
by stevie_d_64
Penn wrote:I probably would not carry, but if you want to follow the letter of the "law" as opposed to the spirit, the policy doesn't state "no weapons" it states no unauthorized weapons. The state authorized the CHL holder to carry concealed. The policy probably means "no weapons that are not authorized by management permitted", but it doesn't say that.
Bingo!
Posted: Thu Aug 23, 2007 2:42 pm
by buda222
I will probably not carry inside - unless I get to a point where I don't care about my job.
I will leave it locked up in the car. I was never really worried about leaving it in the car even if they do prohibit it because:
- a.) they will never know anyway unless they searched my car
b.) I would quit on principle immediately if they ever tried to search my car. The job isn't THAT good and very few jobs are.
Posted: Thu Aug 23, 2007 2:50 pm
by Penn
stevie_d_64 wrote:Penn wrote:I probably would not carry, but if you want to follow the letter of the "law" as opposed to the spirit, the policy doesn't state "no weapons" it states no unauthorized weapons. The state authorized the CHL holder to carry concealed. The policy probably means "no weapons that are not authorized by management permitted", but it doesn't say that.
Bingo!
I haven't lived in TX to long and have never held a job here, but is it true that employers are allowed to fire you without cause? If so, I guess it doesn't really matter what the exact wording of the policy is. I worked for Uncle Sucker for many years and this would be a definite loophole to avoid getting canned.
I should add - "all things being equal" becasue guns are usually explicitly banned on federal property.
Posted: Thu Aug 23, 2007 3:10 pm
by seamusTX
Penn wrote:I haven't lived in TX to long and have never held a job here, but is it true that employers are allowed to fire you without cause?
Yes, but they would rather you quit instead of being fired. Then they don't have to pay unemployment.
It would look real bad if you were fired for violating a weapons policy.
- Jim