Texas’ Version of the USERRA Law
The 87th Legislature passed several new laws related to the Texas National Guard. One new law enhances the protections of Guardsmen serving in state status. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law designed to protect reservist when called active duty. Senate Bill 484, authored by State Senator Juan “Chuy” Hinojosa, is designed to extend the protections of USERRA and the Service Members Civil Relief Act (SCRA) to cover State Active Duty missions and training.
Existing state law provided that employers may not terminate an employee who’s a member of the state military forces because they are ordered to state active duty, state training, or other duty by the Governor, Adjutant General or their chain of command. The term “other duty” is broad enough to encompass any other duty whether on State Active Duty, Title 32 or Title 10 service, drill weekends and annual training. However, the existing law implied that the only remedy available to Guardsmen was a complaint to the Texas Workforce Commission.
Senate Bill 484 now clarifies the right of Texas Guard members, including State Guard members to hire an attorney to bring a lawsuit when employers discriminate against due to their state military service. In addition, the law extends the SCRA protections, such as the ability to terminate a lease, based on State Active Duty.
Guardsmen must be returned to the same job they held prior to being placed on orders. Further, an employer cannot be subjected to the loss of seniority, vacation time or any other benefit that they would have enjoyed had they not been ordered to duty. Once released from duty, Guardsmen must give written or actual notice of their intent to return to employment.
If the service member prevails in their lawsuit, the new law specifies that the Court may award the service member declaratory or equitable relief, monetary damages, court costs and attorney’s fees.
Governor Abbott signed the bill on June 16th. The law goes into effect on September 1 and will apply TXMF members ordered to State Active Duty, training and other duty on or after that date.
Attorney Doug O’Connell is a retired Colonel who focuses on representing military service members, veterans, first responders and their family members. You can contact Doug at 512-547-7265 or Doug@OConnellWest.com.