From: Patrick Jankowiak (recycler@swbell.net)
Date: Wed Sep 15 2004 - 23:12:16 PDT
SUBTITLE C. STATE MILITARY FORCES AND VETERANS
CHAPTER 431. STATE MILITIA
SUBCHAPTER A. GENERAL PROVISIONS
§ 431.006. Reemployment of Person Called to Training Or Duty
(a) A private employer may not terminate the employment of
a permanent employee who is a member of the state military forces
because the employee is ordered to authorized training or duty by
proper authority. The employee is entitled to return to the same
employment held when ordered to training or duty and may not be
subjected to loss of time, efficiency rating, vacation time, or
any benefit of employment during or because of the absence. The
employee, as soon as practicable after release from duty, must
give written or actual notice of intent to return to employment.
(b) A person injured by a violation of this section is
entitled to:
(1) damages in an amount not exceeding six months'
compensation at the rate at which the person was compensated when
ordered to training or duty; and
(2) reasonable attorney's fees approved by the court.
(c) It is a defense to an action under this section that
the employer's circumstances changed while the employee was in
training or on duty to an extent that makes reemployment
impossible or unreasonable.
Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 1205, § 1, eff. Sept. 1, 1999.
Glenn Shaw wrote:
> Hi
> Before you say that there is one thing to note. He said the "State Guard"
> not the Texas "National Guard". 2 separate things and they do not have the
> same legal protections re. employment. I feel his boss should allow him to
> participate, but if he choses not to it is his choice where the "State
> Guard" is concerned.
>
> Later
> Glenn
>
> -----Original Message-----
> From: Rikk Rogers [mailto:rkltd@swbell.net]
> Sent: Wednesday, September 15, 2004 1:07 PM
> To: Military Vehicles Mailing List
> Subject: Re: [MV] my first 'real' deployment
>
>
> Good luck and be safe. Boss can't fire you - it's illegal. Contact your
> chaplain corp, if they don't know what to do, they know who to talk to.
> Your boss may just get a very interesting phone call :)
>
> Rikk
>
> -----Original Message-----
> From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org]On Behalf
> Of Patrick Jankowiak
> Sent: Tuesday, September 14, 2004 11:05 PM
> To: Military Vehicles Mailing List
> Subject: [MV] my first 'real' deployment
>
>
> Texas State Guard will be going to East TX to assist with the refugees
> coming from Louisiana when the storm hits, if it hits.
>
> Not Iraq, but it's plenty good enough for this old fart.
>
> Called my boss, per policy, and all I got out of him was thinly veiled
> threats toward my job, concerning military service taking too much time away
> from work and how something has to be done about it.
>
> I don't understand his major malfunction. I wonder what would happen if he
> fires me? Can he do it? I bet he would, and make up some cock and bull story
> about some other 'reason'.
>
> See yall tomorrow if Louisiana is very lucky, and in a week if I am very
> busy..
>
> MV content: Y'all know what I will be driving.
>
> SGT PJ
>
>
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>
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