January 16, 2013 - Texas Workforce Commission

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1 have USERRA rights if they were called up to federal
2 active duty?
3 MR. BABIAK: Right now, we are not
4 considering whether an individual has any rights under
5 federal law. We are looking only at state law and
6 determining solely based on a reading of state law
7 whether an individual can proceed through our
8 complaint process. We do advise individuals that they
9 may have rights under USERRA, and we provide them with
10 information to contact both Employer Support of the
11 Guard and Reserve, which is a volunteer organization
12 under the Department of Defense and the United States
13 Department of Labor Veterans' Employment and Training
14 Services, who administers the complaints filed under
15 USERRA.
16 CHAIRMAN ANDERSON: But even if they're
17 on state -- I mean, they have orders -- orders are
18 issued; otherwise, there is no call to active duty on
19 either the state or federal level. So, why would
20 there be a question on their ability to file a claim?
21 I -- I don't -- I mean, you have orders that say you
22 shall report. If you don't report, you're in a heck
23 of a lot more trouble than not having a job anymore.
24 MR. BABIAK: When the -- when the bill
25 was going through the Legislature two years ago, I met