law help: I need help determining whether or not this is “illegal” or just “unfair”. - Help.com

armygurl32
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I need help determining whether or not this is “illegal” or just “unfair”.

My husband is a member of the TX National Guard. His civilian job is working security for our local ISD. He needs one weekend a month off for drill with the Guard, and I know that legally they HAVE to give him that, but the problem arises when they force him to work on his normal day off along with drill. His ‘normal’ work week is Sun, Mon, Tue, Fri, Sat (he’s off Wed and Thur), so when he has drill they make him work Wed and Thur, then go to drill Sat and Sun, and come back and work another work week. [So he works Fri, Sat, Sun, Mon, Tue, Wed, Thur, Fri, Sat w/ Guard, Sun w/ Guard, Mon, Tue, Wed] That’s 13 days in a row without a break. I spoke with a friend of mine who told me she believes it is illegal, they are required to give him drill weekend off and cannot penalize him in any way for that, so I’m looking for second opinions, and any proof (a law, document, etc) that we could use to get this taken care of. (Or if anyone knows what agency we should contact for support, I thought of the EEOC, but I’m pretty sure that’s not the right one.)

Thank you!

This open post was written 3 months, 2 weeks ago | V/U/S: 127, 7, 5 | Edit Post | Leave a reply | Report Post


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Since writing this post armygurl32 may have helped people, but has not within the last 4 days. armygurl32 is a verified member, has been around for 2 years, 7 months and has 9 posts and 34 replies to their name.

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courtybubble offline Verified User (2 years, 6 months) Long Term User Shouts: 178 #
An Undisclosed Location | 3 months, 2 weeks ago (10 minutes after post)

heya, sounds pretty illegal to me, i would get in touch with a labour lawyer or your state labour department, or even the national guard law department and see what they say.

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Aries offline Verified User (7 months, 3 weeks) Long Term User Shouts: 3 #
An Unknown Location | 3 months, 2 weeks ago (13 minutes after post)

Although this link does not specifically address your husband’s situation, I do believe it might lead you towards the proper government agency:

http://www.dol.gov/compliance/guide/u…

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cheeko162009 offline Verified User (3 months, 2 weeks) Long Term User Shouts: 2 #
An Unknown Location | 3 months, 2 weeks ago (27 minutes after post)

sounds illegal. have you tried contacting your local court of claims?

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armygurl32 offline Verified User (2 years, 7 months) Long Term User Shouts: 1 #
US | 3 months, 2 weeks ago (28 minutes after post)

Thank you both so much! I found helpful information on both websites!! I’m going to call the Texas Workforce Commission tomorrow, and then possibly the Dept. of Labor afterward depending on how my first call goes.

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armygurl32 offline Verified User (2 years, 7 months) Long Term User Shouts: 1 #
US | 3 months, 2 weeks ago (32 minutes after post)

No, we hadn’t called anyone yet, he thought the situation had been taken care of when he spoke with the administration building for the ISD, but unfortunately it didn’t go so well after his boss found out. I’m going to call and find out for sure what his rights are tomorrow and then we’ll go from there. I feel so bad for him, this is the third time he’s had a job that wouldn’t work with him being in the military. When he first returned from Iraq, his employer that he had been with before he left wouldn’t rehire him (very illegal), and then he was supposed to see a therapist for his PTSD, and his new job fired him because he had to leave work 2 hours early twice a week. That was illegal, but we never followed through. He really loves his current job, he’s just tired of being penalized for being a service member, ya know?

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courtybubble offline Verified User (2 years, 6 months) Long Term User Shouts: 178 #
An Undisclosed Location | 3 months, 2 weeks ago (40 minutes after post)

you have a right to pursue this legally for sure, he served his country and protected those peoples safety for goodness sakes.
if this job kicks up a stink, i would absolutely get a lawyer involved

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unsoshable offline Verified User (1 year, 6 months) Long Term User Shouts: 2 #
An Unknown Location | 3 months, 2 weeks ago (53 minutes after post)

Being a member of the national guard, this is not illegal. Now you can contact the esgr at www.esgr.org and talk to them. They are an organization to help with situations like this and can put pressure on your husbands company.

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