Gun in car at worksite

[superchief]

Here is the Texas Labor Code that applies to keeping a gun in your car at work. My attorney says this is a little unique in the Labor Code in that it does not speak about the punishment for an employer that violates an employee's rights under this section. Most of the other sections define a criminal or civil penalty for violating the labor code. He says if you get fired, you'd have to sue to try to get your job back.

LABOR CODESUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITIONSec. 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 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

Sec. 52.062. EXCEPTIONS.
(a) Section 52.061 does not1) authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or(2) apply toA) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;(D) a private school, as defined by Section 22.081, Education Code;(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or(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 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 areai) 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.(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code

 

[Axxe55]

Here is the Texas Labor Code that applies to keeping a gun in your car at work. My attorney says this is a little unique in the Labor Code in that it does not speak about the punishment for an employer that violates an employee's rights under this section. Most of the other sections define a criminal or civil penalty for violating the labor code. He says if you get fired, you'd have to sue to try to get your job back.

LABOR CODESUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITIONSec. 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 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

Sec. 52.062. EXCEPTIONS.
(a) Section 52.061 does not1) authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or(2) apply toA) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;(D) a private school, as defined by Section 22.081, Education Code;(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or(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 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 areai) 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.(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code

I already posted that information at the beginning of the thread.

Yeah, you can sue to get your job back if you were fired for such a violation of company policy. But first you would have to find an attorney willing to take the case and do the work to get some sort of satisfactory results, and that ain't as easy as one would think.

Second, IF you did find an attorney to take the case, you better have some deep pockets to pay the legal fees.

How many people do you know that would spend huge amounts of money on lawsuit to get their job back? Or could afford the huge legal fees associated with such a lawsuit?

And even given all that, you could still not win the lawsuit, and be out all the money spent pushing the issue. Most people just lick their wounds and move onto another job, because in the end, it's really not worth the time, the money spent or the energy wasted in the long run.

 

[superchief]

i agree, i said my attorney said you can "try".

 

[V-Tach]

They still make you wear a tie?


Sent from my iPhone using Tapatalk

"Casual business" attire.........

 

[Axxe55]

i agree, i said my attorney said you can "try".

Most attorney's offer a free first consultation. Once most people hear what the costs are associated with bringing a lawsuit against a former employer, and realize the odds are in favor of not winning the lawsuit and still having spent a large sum of money, most people conclude it's just not worth the effort, the time and especially the money.

And for these reasons, many companies get away with the things they do. Most people have other more important things that they need to spend their money on, like the rent or the house payment, groceries, utilities, children, car payment and ect. And if a person was fired for violating a company policy, usually their time and effort are spent trying to find another decent paying job.

 

[leVieux]

Here is the Texas Labor Code that applies to keeping a gun in your car at work. My attorney says this is a little unique in the Labor Code in that it does not speak about the punishment for an employer that violates an employee's rights under this section. Most of the other sections define a criminal or civil penalty for violating the labor code. He says if you get fired, you'd have to sue to try to get your job back.

LABOR CODESUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITIONSec. 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 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

Sec. 52.062. EXCEPTIONS.
(a) Section 52.061 does not1) authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or(2) apply toA) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;(D) a private school, as defined by Section 22.081, Education Code;(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or(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 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 areai) 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.(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code

What tangled language !

leVieux

 

[oldag]

Most attorney's offer a free first consultation. Once most people hear what the costs are associated with bringing a lawsuit against a former employer, and realize the odds are in favor of not winning the lawsuit and still having spent a large sum of money, most people conclude it's just not worth the effort, the time and especially the money.

And for these reasons, many companies get away with the things they do. Most people have other more important things that they need to spend their money on, like the rent or the house payment, groceries, utilities, children, car payment and ect. And if a person was fired for violating a company policy, usually their time and effort are spent trying to find another decent paying job.

Yes, there is risk. But if you win you recover all legal fees as well as damages.

Good counsel will advise you on the probability of success.

 

[Axxe55]

Yes, there is risk. But if you win you recover all legal fees as well as damages.

Good counsel will advise you on the probability of success.

I agree. But the problem is, most people don't have a case that has a high probability of success, because they lack the iron-clad type proof that the courts require to prove a case. And try getting a current employee to be a witness that knew about the incident to testify!

 

[TheDan]

I am quite amazed to find the ambulance chasers had time from their busy schedules to respond as they did on this thread!

I figured they would be too busy racking up hours on some silly class-action lawsuit to take time to reply as much as they did here.

This is the third or fourth time in this thread you've derided the contributions of knowledgeable forum members and no one is agreeing with you. Can you not take the hint?

 

[txinvestigator]

This is the third or fourth time in this thread you've derided the contributions of knowledgeable forum members and no one is agreeing with you. Can you not take the hint?

He is just a fucking troll