From: Staffing
Stolen Valor Act
Effective September 1, 2015, the Texas Stolen Valor Act (Tex. Labor Code §§ 105.001 – 105.003) permits employers to take adverse action against an employee for falsifying his or her military record in to obtain employment or any benefit related to the employee’s employment.
Coverage
The law applies to all employers.
Protected Conduct
Pursuant to the law, an employer may discharge an employee, regardless of whether the employee is employed under an employment contract with the employer, if the employer determines, based on a reasonable factual basis, that the employee, in obtaining the employee’s employment or any benefit relating to the employee’s employment, falsified or otherwise misrepresented any information regarding the employee’s military record in a manner that would constitute an offense under Tex. Penal Code § 32.54.
Under Tex. Penal Code § 32.54, a person commits the crime of fraudulent or fictitious military record if the person uses or claims to hold a military record that the person:
- Knows is fraudulent;
- Knows is fictitious or has otherwise not been granted or assigned to the person;
- Knows has been revoked; and
- Uses or claims to hold that military record either in a written or oral advertisement or other promotion of a business, or with the intent to do any of the following:
- Gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
- Obtain admission to an educational program in this state.
- Obtain a benefit, service, or donation from another person.
- Obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation.
- Obtain a license or certificate to practice a trade, profession, or occupation.
- Qualify for a veteran’s employment preference under Chapter 657, Government Code.
- Obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code.
Military record means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person’s service in the U.S. Armed Forces or the state military forces.
Employment Contracts
An employment contract entered into by an employer with an employee discharged by the employer under this section is void and unenforceable as against public policy.
Employee Appeal
An employee who was employed by an employer under an employment contract on the date of the employee’s termination and who believes the employee was wrongfully terminated may bring suit against the employer for appropriate relief, including rehiring or reinstatement to the employee’s previous job, payment of back wages, and re-establishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been terminated.
