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Re: What really counts as notice

Posted: Wed Dec 09, 2015 11:21 pm
by thetexan
Not trying to be argumentative but I see a couple of assumptions here.

The c level Managers may be able to carry and others can't. It's their company and they could do that. Although it's unlikely I suppose the policy could be not in the handbook but in place none the less. And finally, the ranking doesn't necessary mean anything. HR may have the right to make company policy with the tacit approval of ownership.

A simple verification takes care of this. As has been stated. It sounds to me that we have an HR person who thinks he/she is the main hen of the roost and makes stuff up as she goes. Ironically, those hens usually have the backing of managers who like the fact that he/she handles employee matters leaving them free to play golf.

Tex

Re: What really counts as notice

Posted: Thu Dec 10, 2015 12:00 am
by C-dub
thetexan wrote: The c level Managers may be able to carry and others can't. It's their company and they could do that. Although it's unlikely I suppose the policy could be not in the handbook but in place none the less. And finally, the ranking doesn't necessary mean anything. HR may have the right to make company policy with the tacit approval of ownership.
That is a problem I ran into at my last company. I know one of the VP's that carried and it even stated in the handbook that it was not allowed unless specifically authorized. However, that VP is the only one I know carried, but I suspect there were others. Possibly not all VPs, but I have my suspicions based on who had no problem telling me they had their CHL. Only for us, not for you because we know better kind of mentality.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 12:48 am
by bcdudley
So some more information I found out today. HR has been pushing to have this added as policy for a while now, however the owners have been saying no. HR is claiming it is an insurance issue, however they don't have anything in writing, just hearsay. Until the owner see's something, it will not be policy. The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 12:53 am
by thetexan
Was the CEOs response verbal?

Re: What really counts as notice

Posted: Thu Dec 10, 2015 2:11 am
by bcdudley
Yes, verbal and second hand to me, however it was through my chain of command.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 3:29 am
by twomillenium
They say it is in the employee handbook. Then you should have a copy. You can also ask for the policy in writing. If the HR person is making it up this should throw the brakes on it unless they have been given direction by the higher ups.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 4:25 am
by Glockster
bcdudley wrote:So some more information I found out today. HR has been pushing to have this added as policy for a while now, however the owners have been saying no. HR is claiming it is an insurance issue, however they don't have anything in writing, just hearsay. Until the owner see's something, it will not be policy. The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.
Sounds like good news for you then. Did they explain what was meant by "or the state of Texas" or is that supposed to refer to if you have a CHL?

Re: What really counts as notice

Posted: Thu Dec 10, 2015 8:59 am
by suthdj
bcdudley wrote:So some more information I found out today. HR has been pushing to have this added as policy for a while now, however the owners have been saying no. HR is claiming it is an insurance issue, however they don't have anything in writing, just hearsay. Until the owner see's something, it will not be policy. The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.
Sounds like they need a new HR.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 9:01 am
by joelamosobadiah
Glockster wrote:
bcdudley wrote:So some more information I found out today. HR has been pushing to have this added as policy for a while now, however the owners have been saying no. HR is claiming it is an insurance issue, however they don't have anything in writing, just hearsay. Until the owner see's something, it will not be policy. The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.
Sounds like good news for you then. Did they explain what was meant by "or the state of Texas" or is that supposed to refer to if you have a CHL?
Sounds to me like that means CHL pretty clearly without expressly stating "anybody with a CHL can carry"

Re: What really counts as notice

Posted: Thu Dec 10, 2015 9:15 am
by Glockster
joelamosobadiah wrote:
Glockster wrote:
bcdudley wrote:So some more information I found out today. HR has been pushing to have this added as policy for a while now, however the owners have been saying no. HR is claiming it is an insurance issue, however they don't have anything in writing, just hearsay. Until the owner see's something, it will not be policy. The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.
Sounds like good news for you then. Did they explain what was meant by "or the state of Texas" or is that supposed to refer to if you have a CHL?
Sounds to me like that means CHL pretty clearly without expressly stating "anybody with a CHL can carry"
I don't know as I don't work there. If they have security in the building, it could instead mean that.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 10:36 am
by thetexan
bcdudley wrote: ... The CEO's response on this was, "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed.", paraphrased and second hand, but from an authoritative source.
To me, that is a pretty clear message.
Let me ask it this way...Have you been personally told by the owner, C officer, or manager (not HR) "you cannot bring a weapon into the company unless you have authorization. Authorization can come from directors or above in the company or the state of Texas. Open carry is not appropriate for the type of office space we are in so will not be allowed."

If yes, then you have been 30.06 notified which, in and of itself, prohibits you from carrying, never mind any supposed company policy. I'm assuming one has a chl).
.

I'm a little confused about this phrase..."Authorization can come from directors or above in the company or the state of Texas." The owner or one with apparent authority for the owner CAN give consent or effective consent which would override a written (card, document or sign) 30.06 prohibition (oral notification stands on its own). Authorization from the State of Texas is confusing. The Texas gun statutes basically give one permission to carry a gun with a license then spends the next 70 pages telling you all of the exceptions to that rule. So it's more of a set of prohibitions rather than a set of authorizations.

Again, if we are talking company policy and 30.06 is not involved then you have no statutory obligation to follow company policy (with the exception of the exceptions stipulated in statutes such as school employers, gas refineries (regarding parking) etc.) except to the extent you want to keep your job.

If HR is pushing for a no-gun policy remember she has a right to do so. That's an internal fight among officers and department heads. Her authority to set policy is whatever is given to her. And if she doesn't have that authority AND you know that for a fact (in other words, you know she does not act on behalf of the owner) then whatever no-gun "policy" she claims effects you that is not factually policy means nothing to you AS FAR AS 30.06 IS CONCERNED and probably as far as other company policies are concerned.

She might be one of those people in the company that you don't want to get on the wrong side of because she carries a lot of influence.

Remember, it's easy to get 30.06 prohibitions and notifications confused with 411.203 employer rights. The two have nothing to do with each other but may overlap. Keeping these two straight and separated is the key.

tex

Re: What really counts as notice

Posted: Thu Dec 10, 2015 11:15 am
by bcdudley
By State of Texas, it was implying chl or other forms of authorization. The other big one was director level and above can authorize. I take that to mean that I can authorize myself.

Re: What really counts as notice

Posted: Thu Dec 10, 2015 11:32 am
by Pariah3j
bcdudley wrote:By State of Texas, it was implying chl or other forms of authorization. The other big one was director level and above can authorize. I take that to mean that I can authorize myself.
:iagree:

I wish my company wasn't run out of NJ :grumble