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Home Front
Reservist sues over lost job
2004-02-04
Seabee Petty Officer Second Class Erik Balodis once hoped to retire at the company he grew to love. But those aspirations were crushed when automotive parts retail giant Pep Boys fired him in June 2002 after he returned from Navy Reserve training. Company executives contend they laid him off because of poor performance. But Balodis claims the retail chain sacked him because of his military service. He is suing the company for $5 million in lost wages and punitive damages, but hopes the lawsuit will help others. “If nothing else, it’s going to send a tremendous lesson to the work force and also mostly to Pep Boys to save maybe more people that this might have been happening to,” said Balodis, who is in southern Spain for annual Reserve training.
I's my impression that they're required by law to keep his job for him...
His case has attracted some headlines and put greater attention on worker rights as the military leans heavily on reservists and Guardsmen to help fight the war on terrorism and rebuild Iraq. The battle also has spawned concerns that companies might penalize some of the tens of thousands of part-time soldiers when they return to their full-time jobs. The lawsuit alleges that Pep Boys fired Balodis because his Reserve duties kept him from his job as a district manager in Tucson, Ariz., adding that the retail chain pressured him to choose between his military service and work. Hours after the Sept. 11, 2001, terror attacks, the company reportedly sent a letter to the Navy requesting that Balodis not be called up because he was too important. When Balodis returned from a Navy exercise on June 27, 2002, the company fired him for “job abandonment.”
EFL
Posted by:Chuck Simmins

#8  OP, I have worked for DP&L, Nucor Steel and GM since leaving active duty. All have been incredibly supportive of Reservists. I think smaller operations have more trouble supporting prolonged absences.

I wouldn't think that a guy could get to the district manager level in a retail chain of any kind without being a whizz at sales.

Unfortunately, people that make it to higher levels in sales hierachies seem to be almost a species unto themselves. That much coffee and listening to so many motivational sales presentaions must alter the brainwaves into some type of sales version of roid-rage.

What type of publicity did PEP Boys think they were going to get by firing a reservist in 2002? They should have reassigned him to a deadend position and excluded him from all decision making meetings. That's what most companies do. They don't have to pay unemployment benefits when a guy finds another job.
Posted by: Super Hose   2004-2-4 8:41:02 PM  

#7  I spent the Carter years in the Reserve. This was an isue with both companies I worked for in those four years, and one of the major reasons I jumped at the offer when asked to return to active duty. Citizen-soldiers have a long tradition, but a lot of companies these days have absolutely no loyalty to the military, or military members in their organizations. They ALL need a reminder that the price of freedom may include them being without a key performer for a few months. The other choice is to work for the People's Republic of China, or someone equally as odious.
Posted by: Old Patriot   2004-2-4 6:25:37 PM  

#6  â€œPep Boys is stating job performance. But, yet, at the time they’re saying ‘job performance,’ I was awarded a district manager award of the quarter,” he said.

If he also has documented good 'performance reviews' he has them by the short hairs....
Posted by: CrazyFool   2004-2-4 5:56:28 PM  

#5  Piss poor advice.
Posted by: Shipman   2004-2-4 5:54:58 PM  

#4  When Balodis returned from a Navy exercise on June 27, 2002, the company fired him for “job abandonment"

That's all the judge needs to know right there, go for summary judgement and hammer these guys.

They must have got some p*ss poor advice from HR and legal to pull the trigger on this bonehead move. Hopefully it costs them.
Posted by: 4thInfVet   2004-2-4 5:24:53 PM  

#3  If they did, indeed, send a letter asking for him to be allowed to remain because he was too important, then it's pretty obvious that they're screwed. The law is the law and it's pretty clear on this topic, or so I've read, anyway. The jury might award a helluvalot more the $5M. Poop Boyz sounds like a bunch of stupid turds...
Posted by: .com   2004-2-4 5:24:48 PM  

#2  Poor timing on the part of Pep Boys. If he did have poor performance, he could be dealt with when he returned from active duty. Pep Boys management did not think this one out, plus the possibility of a pissed off and sympathetic jury at trial time, may cost PB big change.
Posted by: Alaska Paul   2004-2-4 5:19:50 PM  

#1  I don't buy anything from Pep Boys anyway, but this is another reason to NEVER go in there. How DARE they. May they rot in hell for this. I hope he wins in court, plus attorney's fees.
Posted by: Barbara Skolaut   2004-2-4 4:58:13 PM  

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