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  • Fosty

    Active Member
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    Oct 27, 2017
    233
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    Austin
    So I read this on US law shield.

    "The Texas Labor Code prohibits employers from having a policy or rule against gun owners storing firearms within their privately-owned motor vehicle in an employee parking area. Time for some bad news, though. This law provides absolutely no remedy for an employee who is terminated for having a handgun in their car. In other words, if your employer fires you for having a gun in your car, you very likely have no recourse against the employer."

    So what is the point of prohibiting employers from having such a policy if they can just get away with it?
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    Fosty

    Active Member
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    Oct 27, 2017
    233
    26
    Austin
    How would your employer know if you had a firearm locked in your vehicle?

    Our company tried to prohibit it, we showed them the rule, and they backed down. No one is out searching our vehicles.

    Yeah they said they can search our vehicles at any time. They didn't specify what for though.
     

    dfwpi

    Member
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    Dec 26, 2016
    118
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    Once had an idiot for HR manager that tried that crap. I was the personnel sergeant at the time and she showed up at my office and wanted me ti search all cars in the parking lot for weapons and alcohol. I told her sure, no problem, but let me look at the warrant first. She said she didnt need a warrant, it was a city policy she had implemented. Dont think i was het friend after telling her to go pound sand, to get back on her broomstick and fly away, basically to go screw herself.

    Sent from my SM-G965U1 using Tapatalk
     

    Army 1911

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    Mar 17, 2008
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    Dallas Texas or so
    While there is no punishment s stop specified in the law, if you get written notice that having a gun in your car is the reason they fired you, then that may open up a civil suit remedy. That would be for ost wages, benefits etc. You wouldn't want to work thre after that cause they woul fire you for breathing too loud ar somrthing.
     

    pronstar

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    Jul 2, 2017
    10,540
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    Dallas
    Concealed is concealed.
    Including concealed in your car.

    Conceal legally and don’t draw attention...sorta like don’t ask, don’t tell but without the gay LOL


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    oldag

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    Feb 19, 2015
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    First, point out the Texas law to HR. If you do get fired, ask them to put the reason in writing.

    At that point, you may have grounds for a lawsuit even though Texas is an "at will" state.
     

    EZ-E

    King Turd of Shit Mountain
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    2   0   0
    May 4, 2017
    7,628
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    Middle of no where
    We used to have a no gun policy on work property... then the Castle Doctrine was passed & nothing the employer can do once its written into law that your vehicle is an extension of your home.


    What exactly is the Castle Doctrine? When Can Deadly Force be used for Self Defense Purposes?
    In Texas, Section 9 of the Texas Penal Code provides legal justifications for the use of force in a limited set of circumstances when a person has no duty to retreat. For example, a homeowner in his own home does not have a duty to retreat and may use deadly force to protect himself against an armed intruder. This would be the same for a business owner in his place of business and a truck driver in his own truck.

    Texas law provides for a justifiable defense at trial when using deadly force if the person claiming self defense:

    1. Reasonably believed the deadly force was immediately necessary;
    2. Had a legal right to be on the property;
    3. Did not provoke the person against whom deadly force was used; and
    4. Was not engaged in criminal activity at the time the deadly force was used.

    What is Considered Self Defense in Texas?
    Self Defense will be a justifiable defense so long as the type of force used is reasonable and necessary in the moment to protect against an attacker. A person may use force against another when they reasonably believe it is immediately necessary to protect from another’s “use or attempted use of unlawful force.” A person may use deadly force in self defense under Section 9.31 of Texas Penal Code if he:

    • Knew the intruder unlawfully with force entered into his home, vehicle, or place of employment; or
    • Was being kidnapped; or
    • The intruder was attempting to sexually assault, rob, kidnap, or murder.
     

    Mowingmaniac 24/7

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    Nov 7, 2015
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    "If you do get fired, ask them to put the reason in writing."

    If 'they' say no to your request what compels them to do so?

    Not being argumentative, just curious.
     

    easy rider

    Summer Slacker
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    Jun 10, 2015
    31,489
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    Odessa, Tx
    "If you do get fired, ask them to put the reason in writing."

    If 'they' say no to your request what compels them to do so?

    Not being argumentative, just curious.
    They can come up with any reason they want. You have the right to quit at any time and they have the right to terminate you at any time.
     

    oldag

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    Feb 19, 2015
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    "If you do get fired, ask them to put the reason in writing."

    If 'they' say no to your request what compels them to do so?

    Not being argumentative, just curious.

    If they say no, then you have nothing in writing. If they are smart, they will say no. But not all companies have smart folks in HR.

    At that point, unless you have recorded the conversation (which is legal in Texas), all you have is your word against theirs. But the company may have internal documentation (emails, etc.) that would be discoverable in a suit.
     
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