By Mary Flood
chron.com
March 17, 2009
A Texas Guardsman has sued his former employer, alleging he was fired because he went on weekend Guard duty.
Houstonian Albert Herrera said his supervisor told him: "Since you have to play soldier, I'm going to let you go."
"I was kind of mad," said Herrera, who was a forklift driver for Turner Industries Group when fired in mid-2008 and now works for the Houston Police Department. "There are laws to protect us. I sued because if nobody does anything about it, it could be done to others."
Daryl Sinkule, Herrera's Houston lawyer, said they tried to negotiate a settlement with the Baton Rouge-based industrial contractor .
Sinkule said the company is claiming Herrera was dismissed in a force reduction. But the Guardsman was the only one let go, Sinkule said, and others were soon hired at the same site.
Jennifer Fiore, a Baton Rouge lawyer for Turner Industries, issued a written statement Tuesday saying the company followed the law and its own policies regarding Herrera and treated him no differently than any other employee.
Sinkule said Herrera, 44, wants what the law provides for Texas military fired because of their duty - up to six months of pay and attorneys fees, which now would total about $65,000.
Herrera started working for Turner Industries in April 2007 as a forklift operator and tool room attendant. The Houstonian was on assignment in New Mexico when he was ordered to Bryan in July 2008 for two-day weekend training. He was fired the Friday he needed to take off to make the 10-hour drive to Bryan.




























