TexasCHLforum.com

Mike1951 wrote:

Right2Carry wrote:

flintknapper wrote:

Right2Carry wrote:I don't see how changing the wording in the handbook will circumvent the law. If the law is clear that employees have a right to keep a firearm in their locked private vehicle then I don't see how rewriting the employee manual is going to change that.

I thought the new law once signed would prevent exactly this kind of action from employers.

It wouldn't.

BUT.....your employer (as a condition of employment) can require that they be able to inspect/search your vehicle at any time. So......you know what that leads to, right?

You could not be fired for lawfully having a weapon in your locked vehicle BUT....Texas is a "Hire at Will" State and an employer may fire you for nearly any reason (with a few exceptions).

You will simply receive your pink slip (along with some bogus reason for your firing) once it is discovered you are "carrying" a weapon in your vehicle.

Sounds like grounds for a wrongful termination lawsuit!!!! My employer has that provision but I have never seen it used in the 9 years I have been with the company. Employers are not above the law and they had better tread lightly on this issue least they find themselves hauled into court for wrongful termination. I suspect this would be easy to prove especially when terminating an employee that followed a search of a vehicle.

All that is needed is a reasonable amount of time to pass after the search. If you're fired months or even weeks after the search, the employer could deny the reason for firing.

I caution everyone to resist being the 'trailblazer' on this subject at your job. Don't ask about the new law or how it will affect company policy.

No doubt, many employers will modify their policies to comply. Others will likely resist vehemently and will find ways of punishing employees they suspect or know are taking advantage of SB321. Don't mark yourself as one of 'them'.

Silence is still golden!

WildBill wrote:

The Annoyed Man wrote:how has this played out in Oklahoma, where they've had a parking lot law on the books for a while now?

Excellent question. I haven't heard or read about any fallout from the new law.

I suspect most companies will ignore the law and will not change their policies or handbooks. This will lead to more discussions on the forum, similar to the topics on illegal 30.06 signs.

I found this about a court decision that upheld the Oklahoma law.
http://ehstoday.com/safety/ruling-guns-legal-lots-2761/" onclick="window.open(this.href);return false;

In the wake of the appeals court ruling, Anelli says human resources and legal teams in states where these pro-gun laws have passed may need to rewrite employee handbooks to include firearms policies specifically crafted to reflect the reality that guns could be present in the parking lot.

flintknapper wrote:

Right2Carry wrote:I don't see how changing the wording in the handbook will circumvent the law. If the law is clear that employees have a right to keep a firearm in their locked private vehicle then I don't see how rewriting the employee manual is going to change that.

I thought the new law once signed would prevent exactly this kind of action from employers.

It wouldn't.

BUT.....your employer (as a condition of employment) can require that they be able to inspect/search your vehicle at any time. So......you know what that leads to, right?

You could not be fired for lawfully having a weapon in your locked vehicle BUT....Texas is a "Hire at Will" State and an employer may fire you for nearly any reason (with a few exceptions).

You will simply receive your pink slip (along with some bogus reason for your firing) once it is discovered you are "carrying" a weapon in your vehicle.