Author Topic: Workplace Troubles in Plano  (Read 3249 times)

serveronunpaidleave

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Workplace Troubles in Plano
« on: April 15, 2014, 03:24:03 PM »
I'm currently on unpaid leave from my job pending a decision from the "main office" because of an unintentional display.

The restaurant is a TABC "BLUE" establishment, and who has no written policy anywhere regarding CHL holders at work. I verbally confirmed this with one of the managers upon hiring, and he said that "since have a CHL, you should be fine".

Fast-forward two months later. I normally don't carry to work, because the uniform would make it too obvious and there's too high of a chance of printing. We had a mandatory "staff meeting" nearly two weeks ago while the restaurant was closed to the public in which we wore casual clothing, and as usual, I put my phone in my left pocket, my keys in my right pocket, and my firearm between the two of them. Didn't think a single thing of it, it's what I do when I leave the house, and my brain wasn't in "work" mode.

Well this "meeting" was rather active and we were forced to play a bunch of ridiculous "games", and apparently somewhere during the course of this, I might have printed or my shirt might have slipped. I don't know, because no one said anything, and if my back is exposed, I usually can tell very quickly.

Work goes on as normal for two weeks, none of my co-workers act weird around me, I make good money and have pleasant shifts, life is cheery...

Then upon arriving to work yesterday, I am pulled aside and told the general manager needs to speak with me. Apparently someone saw that I was carrying at the Staff Meeting and reported it, citing that they felt unsafe in their workplace--but because they are so unsure of THEIR OWN POLICIES, they have to wait for a decision from the main office, as to whether or not I am "allowed" to return to work.

I considered purchasing and speaking with a Texas Law Shield rep, but it says in the terms that they do not cover "negligent or unintended displays."

I still can't help but feel that my rights are being massively violated, and that in order to be sent home without pay, there should HAVE to be some clear policy as to whether or not firearms are allowed in the workplace.

Were they right to do this? Should I seek legal recourse? Get the local news involved?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Workplace Troubles in Plano
« Reply #1 on: April 16, 2014, 04:13:29 PM »
An accidental display has never been against the law. You enter criminal territory when you intentionally display your handgun. Unfortunately, a private employer can set whatever policy they want. If they are a "no gun establishment," then under their policy you cannot carry.

You were not doing anything criminally wrong, but if you break that policy, they may discipline you or even go so far as to terminate you. But remember, there is no criminal violation in this case.

With regards to a lawsuit against the employer, gun owners are not a protected class of citizens who are protected under civil rights laws, like race discrimination or gender discrimination laws, so a successful lawsuit would be highly unlikely.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

serveronunpaidleave

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Re: Workplace Troubles in Plano
« Reply #2 on: April 17, 2014, 04:38:57 PM »
Quote from: "TexasLawShield"
An accidental display has never been against the law. You enter criminal territory when you intentionally display your handgun. Unfortunately, a private employer can set whatever policy they want. If they are a "no gun establishment," then under their policy you cannot carry.

Even if supposed policy never existed in any of the materials that I signed, nor can be found in my Server Training Workbook? I find it highly fishy that they terminated me for a policy that they couldn't even direct me to a page number to find it, when asked directly.

I get it, Texas is "at-will", but firing someone over a policy that they can't even officially find themselves just doesn't sit right with me.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

k9docntx

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Re: Workplace Troubles in Plano
« Reply #3 on: April 18, 2014, 02:25:41 AM »
So let me take this a bit further with a couple of assumptions...

Assume that the company had a policy prohibiting guns but that during the meeting as mentioned in the original posting, a robber entered the establishment brandishing a weapon and the employee used his weapon in self defense.  Would Texas Law Shield still defend the member in any criminal or civil matters if it was a violation of company policy?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Workplace Troubles in Plano
« Reply #4 on: April 18, 2014, 02:56:54 PM »
You are correct; Texas is an at-will employment state. You can be fired because the sky is blue, your employer stubbed their toe in the morning, or because the unicorn in their dream told them to fire you. It is very unfortunate that your employer was willing to cage to a cowering wimp rather than respect your right to carry, but unfortunately, Texas law allows them to do so.

However, we would absolutely cover you in the situation you described. The only qualifications for being covered by Texas Law Shield is that you have a legal right to be where you are, and that in your version of the story, you were justified in the use of force or deadly force. Your employer's policy does not make it criminally illegal for you to have your gun there (though it certainly does put you at career risk for being fired), and we would therefore still cover you.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »