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Tucson reservist loses job when Navy calls
Tucson Citizen ^ | 3/15/03 | OSCAR ABEYTA and IRWIN M. GOLDBERG

Posted on 03/15/2003 2:43:38 PM PST by gtech

A federal lawsuit alleges Pep Boys fired a store manager because of his military obligation.

Automotive supply chain Pep Boys fired a Tucson store manager because his military Reserve duties took him away from work, according to a federal lawsuit filed here.
It may not be an isolated case. Several other reservists fired from Pep Boys in Tucson and Pennsylvania have contacted a military advocacy group with similar complaints.
Pep Boys' Tucson attorney, Todd E. Hale, declined to comment on the lawsuit, citing company policy not to discuss ongoing legal cases.

Rest of the story: http://www.tucsoncitizen.com/business/3_15_03reservist.html

(Excerpt) Read more at tucsoncitizen.com ...


TOPICS: Breaking News; Front Page News; News/Current Events; US: Arizona; War on Terror
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No more Pep Boys for me.
1 posted on 03/15/2003 2:43:39 PM PST by gtech
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To: gtech
Ditto!! Time for a national boycott of these pukes.
2 posted on 03/15/2003 2:46:14 PM PST by mass55th
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To: gtech
bttt
3 posted on 03/15/2003 2:48:38 PM PST by stands2reason
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To: gtech
Isn't this illegal?

And even if it's not, it's skanky.

My company, not known for it's moral behavior ::rolling eyes:: is holding my friends job open for him - he's a NatGuard helicopter pilot deployed overseas for the next 6 months. They are filling it with temps instead.

LQ
4 posted on 03/15/2003 2:48:44 PM PST by LizardQueen
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To: gtech
Just passed this info to my ex-corporate(retired) offices - This is for a nation-wide service company with many trucks nationwide that use Pep-Boys for tires/brakes/etc.

Hopefully not after this letter.
5 posted on 03/15/2003 2:50:16 PM PST by steplock ( http://www.spadata.com)
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To: gtech
Manny, Moe and Jacques :p
6 posted on 03/15/2003 2:51:15 PM PST by steveo (We're bombing the storage depots at Daiquiri at 1800 hours.)
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To: gtech
I heard Sears makes up the difference in pay if the military is less. I haven't shopped Sears for a long time but I guess I'm going to start.
7 posted on 03/15/2003 2:51:31 PM PST by tiki
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To: gtech
So the Pep Boys want some, too. No problem, I'll buy my spark plugs and brake pads somewhere else!! Let the free market reign!!
8 posted on 03/15/2003 2:52:43 PM PST by Excuse_My_Bellicosity
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To: tiki
If you can find that the Sears info is true, I will also shop there again.
9 posted on 03/15/2003 2:53:26 PM PST by doug from upland (Like Osama, you on the left can kiss my royal Irish *ss.)
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To: gtech
I am interested to see how this and other cases play out. I am a Reservist and my unit has been on alert status for over 60 days now.

I an familiar with the support ESGR gives to us Reservists, yet I've read that enforcement of employment-protection laws has been spotty at best in the past.
10 posted on 03/15/2003 2:53:46 PM PST by LincolnLover
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To: doug from upland; tiki
I can't comment on this particular aspect of Sears, but it usually seems to be one of those stores on the right side of common sense relating to national issues and the like. One of many reasons it's one of my favorite stores.
11 posted on 03/15/2003 2:57:14 PM PST by Coop
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To: gtech
I've never been faced with such a decision, but I have to tell you that for many small businesses--and I'm talking really small, not governement guidelines for what passes as small--holding a job would pose an incredible hardship and it is not a reflection of patriotism. In a larger organization, personnel can be moved around and accommodations made, but in tiny businesses that's just not always possible. Tough situation all around.

MM

12 posted on 03/15/2003 3:00:40 PM PST by MississippiMan
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To: LizardQueen
Isn't this illegal?

Here's the web address to answers:

http://www.esgr.org/employers/thelaw.asp

I tried posting as a link but it won't open.

13 posted on 03/15/2003 3:03:12 PM PST by TADSLOS (Sua Sponte)
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To: gtech
Pep Boys are a bunch of JERKS anyway.
14 posted on 03/15/2003 3:04:38 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: gtech
Here's my letter to the Pep Boys pinheads:

"Rest assured that because of your loathsome decision to terminate Erik Balodis because of his service obligation to the U.S. Navy (http://www.tucsoncitizen.com/business/3_15_03reservist.html) I will never spend another dollar in any of your stores. This is where my wallet defeats your tyranny of the bottom line.

With utter contempt,"

My name.

Here's the e-mail address: mediarelations@pepboys.com

15 posted on 03/15/2003 3:07:08 PM PST by Archangelsk (No battle plan survives first contact.)
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To: Excuse_My_Bellicosity; Dubya
So the Pep Boys want some, too. No problem, I'll buy my spark plugs and brake pads somewhere else!! Let the free market reign!!

Got that right. It's off to Car Quest or Napa Auto for me next time I need parts.

16 posted on 03/15/2003 3:07:48 PM PST by kstewskis ("Aim small, miss small"....Benjamin Martin to Nathan and Samuel)
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To: LizardQueen
Yes, it is illegal to fire someone, when they must leave their regular jobs, due to callup from the reserves....

My husband just retired from the reserves, and he thinks that its within the last 10 yrs, that a law was enacted, preventing companies from firing reservists who get called up...

I remember when working at a nursing home, one of our aides got a phone call at work, that she was being activated, and to get herself and gear together and report in...this happened at the beginning of her shift..one of the lunkhead RNs had a fit, and demanded that she finish her shift...she said of course, you call my unit and explain why you want to try to make me break the law, and explain to the nursing home, why they will be the subject of an inquiry and possible lawsuit...

Needless to say, the RN shut up and let her go, as legally she had to do...

Even, if it wasnt against the law to give away the jobs of reservists who are called up, its just plain tacky, and in my mind, unpatriotic....a company willing to allow a person to go to war and protect this nation, but unwilling to give that person their job back, is a company unworthy of having my business....
17 posted on 03/15/2003 3:09:22 PM PST by andysandmikesmom
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To: kstewskis
No more Mullah, Manfried and Jaques
18 posted on 03/15/2003 3:10:06 PM PST by Warrior Nurse (I would rather have the German Army in front of me than the French Army behind me Gen G.S. Patton)
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To: gtech
Never shop there anyway.
19 posted on 03/15/2003 3:10:10 PM PST by farmfriend ( Isaiah 55:10,11)
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To: gtech
Automotive supply chain Pep Boys fired a Tucson store manager because his military Reserve duties took him away from work, according to a federal lawsuit filed here.

It may not be an isolated case. Several other reservists fired from Pep Boys in Tucson and Pennsylvania have contacted a military advocacy group with similar complaints.

Manny Moe and Jack are going to be replaced by these military guys when the federal government gets through with them.

I'm not a big fan of job protections, but our soldiers, sailors, airmen and Marines deserve nothing less than our TOTAL SUPPORT when called to duty

20 posted on 03/15/2003 3:10:12 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: LizardQueen
Isn't this illegal?

I think so.

Bet W gets involved in this some way.

21 posted on 03/15/2003 3:10:57 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: kstewskis
Wasn't there something recently about Napa Auto that showed the opposite type of action?

If true, I will take my business elsewhere.

Sometimes a local puke manager will make a decision like this. The company might not even be aware of it.

Lets see how they respond.
22 posted on 03/15/2003 3:11:26 PM PST by Grampa Dave (Stamp out Freepathons! Stop being a Freep Loader! Become a monthly donor!)
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To: kstewskis
Me too.
23 posted on 03/15/2003 3:11:36 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: gtech
Freep PEP boy's?
24 posted on 03/15/2003 3:20:28 PM PST by Bulldogs22
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To: LizardQueen
Isn't this illegal?

The only loophole I found from the following link, http://www.esgr.org/employers/thelaw.asp is the following: Notice. Under USERRA, you (or an officer from your command) must give your employer advance notice (either written or verbal) of upcoming military service of any type. Otherwise, you will not be eligible for reemployment protection following the period of military service. The only exceptions to the notification requirement would be if the giving of notice is precluded by military necessity (e.g. a classified recall) or if it is otherwise impossible or unreasonable to give notice. These exceptions to the notice requirement are expected to be very rare. Your best course of action is to give as much advance notice to your employer as possible. For an example of a notice letter from a commanding officer (in MS Word format), click here. I'm sure that Pep Boy's was given plenty of warning.

25 posted on 03/15/2003 3:21:12 PM PST by BulletBobCo (Nuke 'em 'til they GLOW! Then nuke 'em again!)
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To: doug from upland
If you can find that the Sears info is true, I will also shop there again.

I had heard the same about WalMart...but the problem there is that the military pay probably exceeds Wally World's.

26 posted on 03/15/2003 3:22:08 PM PST by ErnBatavia ((bumperootus!))
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To: mass55th
Ditto!! Time for a national boycott of these pukes.

Innocent until proven guilty! Let's see what the jury says.

27 posted on 03/15/2003 3:26:06 PM PST by Timesink (Even my MOM got a loan from Ditech!!!)
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To: All

Kathy Balodis, her daughters Anna, 7, (left) and Kayla, 9, and their dog MeShoo with their belongings packed for a move to a new home GARY GAYNOR/Tucson Citizen

28 posted on 03/15/2003 3:26:31 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: All

Erik Balodis (right), a Naval reservist from Tucson, receives an award for his work in the military. He is now stationed in South Korea. Photo courtesy of Balodis family

29 posted on 03/15/2003 3:31:33 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: Centurion2000
our soldiers, sailors, airmen and Marines deserve nothing less than our TOTAL SUPPORT when called to duty

The problem goes far beyond individual workers and individual companies. For several decades, liberals have been united in their efforts to destroy our economy and our middle-class lifestyles, along with the values which made this country the greatest on Earth.

If America is to survive as a nation, America has to stop financing companies, individuals, and institutions that are anti-American, period. If no other good were to come from this and other wars, it is helpful to know who our enemies are here at home. These people are not simply "misguided" or "of a different opinion"; they are enemies, plain and simple, of freedom and everything else we value.

More importantly, it is imperative that Americans do not forget.

30 posted on 03/15/2003 3:33:03 PM PST by meadsjn
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To: tiki
I heard Sears makes up the difference in pay if the military is less. I haven't shopped Sears for a long time but I guess I'm going to start.

You won't be for long if you do. After the third or fourth time you find yourself standing at the counter waiting for help while the clerk is literally standing two feet away from you in a personal conversation with a friend for five solid minutes without even acknowledging your existence, you'll be boycotting again.

A year or so ago I went in there and bought $800 worth of products. Then I went to two different counters in two different departments the next day while trying to buy a couple of things I'd forgotten the day before, and got the attitudes I just described. I literally tossed my intended purchases onto the floor in front of the second counter (nothing breakable, I just wanted to make them pick it up), went home, gathered up all $800 worth of merchandise (all of which had been opened and used, heh heh) and went right back to Sears, walked right into the managers' office, and put it all on her desk and made her pay me back every penny IN CASH, telling her if she didn't, I was leaving the items on her desk, going home and calling my credit card company to inform them all products had been returned as defective, and the I was calling the CEO's office that evening and naming every name. She had to clean out three different cash registers to get rid of me. And a cursory inspection of the jerk counters around the same time of day a week later showed no sign of the workers that had snubbed me.

God, that felt good. And if just goes to show that if you treat them like they treat you, you can really make them pay for their actions.

31 posted on 03/15/2003 3:37:44 PM PST by Timesink (Even my MOM got a loan from Ditech!!!)
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To: steveo
Manny, Moe and Jacques :p

LOL! Zing!

32 posted on 03/15/2003 3:40:25 PM PST by nravoter
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To: gtech
Bttt
33 posted on 03/15/2003 3:47:26 PM PST by firewalk
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To: LizardQueen
Yes, this is illegal. And ditto on boycotting Pep Boys. They are retards if they thought they could get away with this. And as the fiance of a Marine Corps Reservists, I despise the fact that they even thought of this!

By law, an insitution (job or college) must hold the reservist's place open for 2 years. They can fill it with others, but as soon as that reservist comes back down to reserve status, they must be given their spot back, if the reservist so wishes.
34 posted on 03/15/2003 4:20:33 PM PST by thunders
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To: LizardQueen
"Isn't this illegal?"

Yes, under the Soldiers and Sailors Relief Act (date?)
35 posted on 03/15/2003 4:35:26 PM PST by A Navy Vet
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To: steveo
Manny, Moe and Jacques

Bravo, bravo, and bravo!

The quick wit of freepers never ceases to amaze (and entertain) me.

36 posted on 03/15/2003 4:37:04 PM PST by Semper911 (For some people, bread and circus are not enough. Hence, FreeRepublic.com)
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To: LincolnLover
A guy who started working for our company on September 10, 2001 was called up on the afternoon of September 11. There was a story on our intranet site week before last about how he just came back, and there was a party for him.

Not bad, after only working for us a day and a half. :-)
37 posted on 03/15/2003 4:48:46 PM PST by BlessedBeGod
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To: thunders
As a Battery Commander in the Army Guard, I had this situation show up regularly. The issue here was Active Duty for Training (going to school) instead of an actual deployment.

The Federal law is clear. Anywhere, any time,for any reason, with a life time limit of 5 years total. Problems occur because the various states also have vetern re-employment laws which in many cases are much weaker than the Federal code. Employers tend to be familiar with their state laws rather than the federal regs. (heck, they are business owners, not lawyers).

I expect alot of these problems will go away in the future now that everyone has had a good look at what being a Reservist really means.

38 posted on 03/15/2003 4:52:49 PM PST by M.K. Borders
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To: doug from upland
there was a local news story about a gentleman getting called up from Sears and Sears did make up the difference for him.
39 posted on 03/15/2003 4:56:14 PM PST by patriot5186
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To: MississippiMan
Holding the job does not mean you can not fill it with someone temporarily. You would not have to make everyone do double duty. You just have to give the deployed person back his/her job when they come back. I fail to see how that would be an incredible hardship. You could interview for a temp with the understanding that the job was until the other person returned from deployment.
40 posted on 03/15/2003 5:07:02 PM PST by waRNmother.armyboots
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To: Bulldogs22
As I said before. I have heard thru channels that the Pep Boys are dating the Dixie Chicks...
41 posted on 03/15/2003 5:12:51 PM PST by MrPeanut
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To: patriot5186
Good to hear.
42 posted on 03/15/2003 5:17:33 PM PST by doug from upland (Like Osama, you on the left can kiss my royal Irish *ss.)
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To: Timesink
Must be your Sears. We have no problem. Eagle Scouts and Boy Scouts that my husband and I trained work the areas at Sears that we shop. MORE POWER....CRAFTSMAN TOOLS...!!!!!
43 posted on 03/15/2003 5:18:30 PM PST by waRNmother.armyboots
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bttt
44 posted on 03/15/2003 5:28:42 PM PST by firewalk
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To: waRNmother.armyboots
You just have to give the deployed person back his/her job when they come back. I fail to see how that would be an incredible hardship.

Okay, I'll explain. In my own case, a temp worker coming in would be all but worthless. To replace my current primary employee in one of my businesses—whether permanently or for a year—would take me 9-12 months of daily training. Since I own other business interests I have to take care of, this means that something would definitely have to suffer. It's definitely not a matter of just "hiring someone to fill in." Utterly impossible. And no one worth hiring is going to take the job anyway with the understanding that they're gone as soon as someone else gets back home. I don't mean it sarcastically in the least when I say that you fail to see how it's a hardship because you're not the one trying to make it work. Thankfully it's not an issue in any of my present circumstances, but holding a job for someone, no matter how noble the reason, would be a practical impossibility.

MM

45 posted on 03/15/2003 5:33:21 PM PST by MississippiMan
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To: gtech
Dimensional Fund Advisors Inc., is the largest institutional investor in Pep Boys, owning about 7.8% of its stock. DFA is one of those modern billion dollar contrivances that allows people -- who would go into shock if they ever found dirt under their fingernails -- to invest in the global market. These guys could care less about Pep Boys; if they get hit hard by this, DFA will drop the stock like a hot rock.
46 posted on 03/15/2003 5:49:55 PM PST by gaspar
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To: gtech
The company my husband and I work for (SBC) not only makes up the difference between their SBC pay and their service pay, they also continue the health insurance for, I beleive, up to one year. I'm proud my company treats their employees who serve their country so well.
47 posted on 03/15/2003 5:55:46 PM PST by Trust but Verify
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Comment #48 Removed by Moderator

To: madfly; Constitution Day; B4Ranch; glock rocks; VaBthang4
Ping! Bump!! No Pep Boyz!
49 posted on 03/15/2003 6:10:36 PM PST by Madcelt (Don't ya just lothe the rats? and Pep Boys)
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To: zuggerlee
Well, DUH!!! Obviously if the job was a contract job or a job that no longer exists because of being completed or the business going belly up there would not be a job for which to return. I do not believe the law says that you have a job if "You don't have a job!!!"
50 posted on 03/15/2003 6:12:58 PM PST by waRNmother.armyboots
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