Employee rights

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Spagga
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Employee rights

Post by Spagga »

I am vague on the laws in this Great State of Texas and ask for some clarification.

The scenario:
An employee of a convenience store/gas station, be it a QT, RaceTrac, 7-11, Valero or another of the same type, is a licensed gun owner and CHL holder.
The company (based out of state) has mandated that employees cannot store a weapon in their car. The complany also does not have any verbiage in their policy on carrying a weapon while at work or on 'Premise". The company is privately held, however, there are no 51% or 30.06 signs posted in the building and the parking areas are of obviously public use and for open passage.

The more reading I do on this particular topic the more questions I have... Please advise...

1. Does the company by having verbiage in their company policy have the right to deny a CHL holder from storing his/her weapon in a private vehicle, if the law states?
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
.

the law goes on to state---
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:

(i) that contains the physical plant;

(ii) that is not open to the public; and

(iii) the ingress into which is constantly monitored by security personnel
2. Does the company have a right to prevent a CHL holder from carrying while at work or on/in the premises with out a 51% or 30.06 sign 2.

Again Please advise
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Vol Texan
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Re: Employee rights

Post by Vol Texan »

Spagga wrote:I am vague on the laws in this Great State of Texas and ask for some clarification.

The scenario:
An employee of a convenience store/gas station, be it a QT, RaceTrac, 7-11, Valero or another of the same type, is a licensed gun owner and CHL holder.
The company (based out of state) has mandated that employees cannot store a weapon in their car. The complany also does not have any verbiage in their policy on carrying a weapon while at work or on 'Premise". The company is privately held, however, there are no 51% or 30.06 signs posted in the building and the parking areas are of obviously public use and for open passage.

(snip)

Again Please advise
Welcome to the forum. We're glad to have you aboard!

Based on your description above, I would say the following:
  • There are no legal ramifications to you for breaking 'company policy' and keeping it in your car. The only risk you face is being fired.
    • They cannot bar you from keeping in your car. You do not work in a refinery (or other such place), so there is no legal restriction to you doing so. A gas station does not fall within the category described under section (F) above.
    • They would likely fire you if they found out, but given the business, I think it might be very unlikely that they will be conducting surprise vehicle inspections to find out.
  • There are no legal ramifications to you for breaking 'company policy' and wearing your gun at work, concealed. The only risk you face is being fired.
    • They could bar you from carrying at work, if they were to post 30.06 signs or if they were to provide you the language of a 30.06 sign in a company document (e.g. card, employment contract, employee manual). But it seems they have not, so you have no legal risk.
    • They would likely fire you if they found out, so if you were to break company policy, please remember that 'concealed means concealed'.
I'm a relative newbie here - having been on this forum only a few years now. If I'm wrong about these items, I'm sure that the community here will identify this and correct my misunderstanding.
Last edited by Vol Texan on Mon Jun 08, 2015 7:48 pm, edited 1 time in total.
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Spagga
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Re: Employee rights

Post by Spagga »

Thank you Sir for your quick response
Spagga
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Re: Employee rights

Post by Spagga »

Another Question
in either circumstance would there be interpretation for a legal case of wrongful termination ?
RonW956
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Re: Employee rights

Post by RonW956 »

Unless you were a member of the union then no. Most companies are "hire at will" meaning that they can fire you for any reason, or no reason at all. If they cannot prove that you broke company policy however, all that can do is get your unemployment benefits approved quicker...
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oohrah
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Re: Employee rights

Post by oohrah »

my two cents.

Texas law prohibits an employer from restricting you having a firearm in your locked vehicle in the parking lot. If they found out and tried to take action, you would probably have some legal recourse (IANAL).

The employer can say whatever they want in a company regulation and you have to abide by it or take the risk of being fired, but you would not be violating any laws, so they could not prosecute you.

As mentioned, Texas is an "at will" state. You can quit whenever you want, they can fire you if they want - no reason has to be given.

Welcome to the forum.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
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