§ 122.002.Damages; Reinstatement; Attorney's Fees

The remedy, and its damages floor is the unusual part.

A person injured by a violation is entitled to reinstatement to the person’s former position and to damages in an amount not less than an amount equal to one year’s compensation nor more than an amount equal to five years’ compensation, at the rate the person was paid when summoned.

The floor is what gives the chapter force. A minimum of one year’s pay applies however quickly the person found other work, so an employer cannot defend by pointing to a short period of unemployment.

That is a departure from ordinary employment damages, which are measured by actual loss and reduced by what the claimant earned elsewhere. Here the measure is the wage rate, not the shortfall.

The ceiling of five years’ compensation bounds the exposure, and within that range the amount is for the fact-finder.

Measuring at the rate paid when summoned fixes a knowable figure and prevents argument about raises or reductions afterwards.

Reinstatement is a separate entitlement, not an alternative to damages. A successful claimant is entitled to both.

Reasonable attorney’s fees follow, in an amount approved by the court. Without them a claim worth a year’s wages would often cost more to bring than it returned.

The deadline is short and is measured oddly: an action for damages must be brought not later than the second anniversary of the date on which the person served as a juror or grand juror.

The clock runs from the service, not from the dismissal. An employer who waits before retaliating consumes the employee’s limitations period, so the two years can be well advanced before the harm occurs.