I am CHL holder in texas, im not allowed to carry at work if im attacked can i sue the company

UPDATED: Sep 30, 2022

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I am CHL holder in texas, im not allowed to carry at work if im attacked can i sue the company

At my job we have had several break ins and thefts. I have my chl and
im not allowed to carry. If me or my coworker is attacked and injured
can i sue the company?

Asked on April 17, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you may not sue your employer if attacked at work:
1) An employer has the right to set any policies it likes at work in regard to being armed (the same way they can set any policies they like about dress code, tatoos, cell phones, etc.--it is their workplace and their job, and they can decide what they will allow or want at it). Since they have the right to say "no guns," they are not liable for the consequences of not allowing you to be armed--you are not liable for doing what you have the right to do.
2) An employer is not responsible for the criminal acts of others committed during the course of work or at the workplace, since they do not have control over (and so are not liable for) the decisions of others to violate the law; so your employer is not liable for a criminal attack against you. (You may, of course, sue the attacker, as well as pressing charges.)
If not comfortable with the safety at this job or their carry policy, you may wish to seek other employment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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