Contribute to Erik Balodis-fired by PepBoys for military service

USA TODAY ^ | 3/19/2003 | Barbara Hagenbaugh

[batmast]

As National Guard members and reservists make their final preparations to fight the war in Iraq, a lawsuit by a Navy reservist is focusing attention on the rights of workers who are called up when it comes to their full-time jobs.Reservist Erik Balodis of Tucson filed a lawsuit claiming he was fired illegally from auto parts retailer Pep Boys in June because his military commitments were keeping him away from work.

Balodis, 36, claims the firing forced his family of four into bankruptcy and to sell their home.

Philadelphia-based Pep Boys denies the allegations.

The lawsuit claims that for months, Pep Boys made repeated requests to the Navy to have Balodis exempted from serving and put pressure on the former district store manager to choose between work and his reserve duties.

The company, where Balodis worked for eight years, wrote a letter on Sept. 11, 2001, to Navy officials, requesting Balodis not be called up.

After attending a regular drill exercise on June 27, a commitment Pep Boys unsuccessfully appealed, Balodis was fired.

"There is a mindset on the part of Pep Boys to not participate in reserve service," says Andrea Watters, Balodis' lawyer.

Pep Boys spokesman Bill Furtkevic calls the allegation "preposterous" and notes the company was founded by three military friends from World War I. The company says the firing has nothing to do with Balodis' reserve duties but declines to provide details.

"The charges just go against the very fabric of what this company is all about," Furtkevic says.

Nearly 213,000 Guard members and reservists are on active duty, the most since the Gulf War.

According to the law, reservists or Guard members cannot be penalized for their military commitments. A job, at the same pay and level, must be available for members of the military when they come back to work. Time spent serving is counted for seniority, pensions and raises.

The Employer Support of the Guard and Reserve, a Defense Department agency that acts as a mediator between Guard members and reservists and their employers, has recently been receiving about 500 calls per week at headquarters — twice the number tallied a year ago — from employers and reservists. More calls are being fielded by state offices.

Most of the calls are simply to clarify the law, mediator Col. Al Smith says. Disputes are usually settled once both sides sit down and clear misunderstandings. Lawsuits are rare.

"We want the Guard or reservist to concentrate on crushing the enemy, protecting the innocent, and not have to worry about if their family is going to be hurt in the future by this mobilization," says Smith, a Marine reservist who teaches fifth grade in New Jersey.

Kathy Balodis, Erik's wife of 12 years, says it took her husband five months to find a new job after he was fired.

His new job pays $42,000 — $23,000 less than his old job. She has been babysitting, selling Avon beauty products and cleaning homes to try to make extra money.

Closing on the sale of their house is next week. Erik has been in South Korea on active duty for nearly a month, and it's still uncertain where the family will live.

Kathy says Erik wanted to work at Pep Boys until retirement. She says the family once spent its own money to take a vacation in Philadelphia so Erik could go to headquarters.

"He made a lot of sacrifices just so Pep Boys would not be angry at him," she says. "He loved Pep Boys, that was his life."

[batmast]

If anybody would like to contribute to the soldier who's losing his house because he was fired by PepBoys, see below, from Erik Balodis. Thanx, Mike Monahan -------------------------------------------------- Thank you so much! I am home for a short period to help move stuff into storage from our big home & move my wife & girls into a trailer park! God Bless!

CM2(SCWS) Balodis, Erik A. 9855 East Irvington Tucson AZ. 85730

God Bless Anerica

[blackdog]

I sold my Philadelphia home to a Pep Boys executive. While they are a real Philadelphia Based tradition, they ain't much in the community. I will give her a call and let her have an earfull.

[KeyWest]

batmast signed up 2003-04-03.

Welcome to FR.

[EggsAckley]

The company, where Balodis worked for eight years, wrote a letter on Sept. 11, 2001, to Navy officials, requesting Balodis not be called up.

So this disregard for the military goes back a long way! Manny, Moe and Jack.........you're toast.

[GirlShortstop]

"The charges just go against the very fabric of what this company is all about," Furtkevic says.

What a lawyerly statement!  How about identifying what the company STANDS FOR?   Pep Boys is harda$$ in its treatment of store employees:  take note that you'll not see a stool for a counterperson to rest their legs during an 11-hour shift.   From what I know of their tactics, I fall on the side that believes this reservist's claim.

[blackdog]

If Eric took a family vacation to visit Pep Boys Headquaters, I bet he was mighty disappointed.

The building looks like a run down dump. It is located in an urban war zone surrounded by abandoned public housing projects, crack houses, and burned out factories. You cannot even park on the street without getting your ride stripped.

If you look up the words "cheap whitey" in the urban thesarus, you will find a picture of Manny, Moe, and Jack.

[Zavien Doombringer]

When a Reservist or a Guardsman is called into active duty, the law does protect thier job. It is supposed to be there when they come back. On the otherhand, onces called up, you are on active duty status and have all the benefits given to active regular service members which includes themselves and family members for the duration of the active sall up, approx 1yr. These benefits include, hopitalization, dental in some areas, BX/PX Exchange priviledges, Commisary Priveledges and other benefits.
The big bennefit is PAY, he isn't in the service for free, and with the pay, HOUSING ALLOWANCE! plus, if it is that bad, he could have his wife work, like the majority of the military families have to (a crying shame) I feel sorry for the loss of the job, but the law protects Reservist and Guard members from losing a house while called up to active duty for the defense of the U.S. Sympathize for the family, but there are other circumstances mitigating the loss of the home and job.

[Zavien Doombringer]

To add, I work at the Navy Housing office in Norfolk, VA

[GirlShortstop]

The company, where Balodis worked for eight years, wrote a letter on Sept. 11, 2001, to Navy officials, requesting Balodis not be called up.

It must have been *really important* to Pep Boys to fire off this letter on that day!

[blackdog]

Here is a fun project to express your dislike of Pep Boys.

They distribute matchbooks with a graphic of Manny, Moe, and Jack on the cover with big heads and full torso's. You poke a crotch hole on each torso, pull thru one match on each hole, and close the matchbook.

When you get enough fun from laughing at the three Pep Boys standing there at full attention, you can light their peckers on fire!

No kid grew up in Philadelphia without turning the Pep Boys into the Pecker Boys.

[Mr. Bird]

There are plenty of reasons to avoid sending this guy money at this time. First of all, it would take extreme stupidity for a company to violate the law pertaining to employment of reservists. The fact that Pep Boys is sticking to its guns leads me to believe that there is more to the story. Secondly, it is not uncommon or inappropriate for the company to refrain from explaining its case in public. Again, for Pep Boys to be confident enough to let a court handle the matter it must think it has a very strong case.

It is not unthinkable that the guy was terminated for cause, and is using his reserve status to seek compensation, or even revenge.

Send your money if you want, but I'll wait until the facts are in. If the guy has been wronged, I'll be 100% behind him.

[HEY4QDEMS]

According to PEPBOYS.COM this is a false claim, and that they currently have over 30 employees, (some in management) on activation in the Armed services.
I'm sorry, but based on this info, (if true) I would guess that the reasons for Mr.Balodis's dismissal have little or nothing to do with his military obligations.

[Zavien Doombringer]

I don't even shop at Pep Boys. Too expensive here.