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Old 10-08-2008, 09:26 AM
Reality4You's Avatar
Reality4You Reality4You is offline
Join Date: Oct 2008
Posts: 1
Default Reservist Unjustly Fired fom civilian job

I went to training (MOS) for a year,returned to my job that I'd worked at 11 years.......upon requesting re-instatement,I was told "NO" and was laid off.....I contacted my Unit,the Dept of Labor,and USERRA.....after following ALL instructions I was given,there was an Appeal with the Dept of Labor.At the hearing,the job informed me I was "FIRED" for "failure to follow instructions"......WTF???? They also cut off my Unemployment check.JAG is of no help either. What the hell do I do now????
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Old 10-08-2008, 08:53 PM
Armygirl4Ever's Avatar
Armygirl4Ever Armygirl4Ever is offline
Join Date: Jul 2008
Location: Home is Where You Hang Your Dog Tags!
Posts: 927

Hmmm, sounds like an interesting problem. If you feel you were unjustly fired, I would hire a civilian lawyer.
Proudly Serving in the Silent (okay, maybe not always so silent) Ranks

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Old 10-09-2008, 08:39 AM
MSG Glenn's Avatar
MSG Glenn MSG Glenn is offline
Brigadier General
Join Date: Aug 2007
Location: Milwaukee, WI
Posts: 2,729

If you followed all the requirements about giving your employer advanced notice about taking military leave & reporting back within the required time upon returning home there shouldn't be a problem. The law is very clear on this. Even if your position has been eliminated they have to offer you a similar position, at least the same pay.

When I was an Active Army advisor to a Reserve Div. we had a Reservist who took military leave to go to a school. When he returned home he was tyold he was no longer an employee. We fought it & won. A few months later he was fired for cause. They had watched him like a hawk & documented every misstep he took. A minute late from lunch, poor working habits, talking on the job, drinking coffee on the job (everybody did but against the rules) & a whole laundry list of offenses. If they don't want ya they always find a way.

Have you talked to your Congressman? I know it's a democratic Congress but maybe you'll have one that will work for a military person. I'm a bit bitter because my son had a problem with a bonus he never received & we called Congresswoman Gwen Moore on behalf of my son who was deployed. We gave the secretary the gist of the problem. Moore never called us back!!! Fortunately he resolved the problem without her help. I called her & left a message to her that her help was very appreciated by a person putting his *** on the line time & time again. I got a call back, told her off told her I'd never vote for another democrat & hung up on her.

It turned out to be a lazy civil service employee who mishandled the bonus paperwork.
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Old 02-14-2009, 11:27 PM
Mikelp Mikelp is offline
Join Date: Feb 2009
Location: farm in the midwest
Posts: 30

I'd put it to the test.
They are sandbagging and might get away with it.
Might not. They will have it in for you if you succeed.
Good luck.

Last edited by Mikelp; 02-25-2009 at 07:47 PM..
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Old 02-23-2009, 04:11 PM
JasonE-6's Avatar
JasonE-6 JasonE-6 is offline
Join Date: Feb 2009
Posts: 13

Did you take a military LOA for you employer, if you did then you are covered and they have to give you your position back, if not I think there is really niothing you can do. You would have to contact a civillian lawyer as you work for a civillian company. if you took a LOA though I believe that you are safe
Operation Iraqi Freedom 05-06 1/3 3d acr bandit troop
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Old 04-18-2009, 12:56 AM
cwatson411 cwatson411 is offline
Join Date: Apr 2009
Location: TN
Posts: 46

thats true^ i over heard my boss at work talkin about how he wished that he could get rid of this other guy that is a reserve. but the law states that they HAVE to give you the leave of absence. if not you will prob have grounds to sue, given you got a military LOA
gettin' ready for BCT!
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Old 05-09-2009, 07:40 PM
L8 APEKS L8 APEKS is offline
Private First Class
Join Date: Apr 2009
Posts: 17

From what I remember reading, the protection does not include training, only active duty or mobilization - but I'm no authority on the subject at all. I was looking that stuff up online the other day.
PFC Sean Williams
Army Reserve MOS 89B
BCT - Ft. Knox, KY - 20090526
AIT - Redstone Arsenal, AL - 20090810
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Old 05-10-2009, 01:07 AM
sammysrayne sammysrayne is offline
Join Date: May 2009
Posts: 2

I totally know what you mean, there are laws that are supposed to protect reservists but there are all these loop holes in my opinion... my husband, just before this deployment, was givien orders to help with things, and his civi job was pitching a fit. They were basically going to fire him for transporting equiptment for our DET!!! they started saying he had had too many sick days, all of which he had dr notes for, and it was all fine and good untill he told them he was being deployed and would be giving them his training schedules as soon as he had them. he ended up resigning from the job so he would not be fired basically and taking on requested back to back orders untill deployed, luckily the ssg needed someone at the DET and he could work untill then or we would have been in major trouble..
i wish that reservists had it easier, but it isn't in the cards,the world is the way it is, we intend to go AGR after this deployment for just this purpose, and with the job market and economy the way it is going, we are running out of options otherwise...*sighs* I think it is horrible, because not being active duty service members, my hubby, for the most part, deploys longer then active dutys ( 400 days at a time) and we only get full benefits during active status. and then the rest of the time, civi employers treat him like a burden..

Almost forces some of us to go active weather we want to or not, how else do you survive if you have a family?

I hope everything works out for you, but i bet you will just make out best to find another job, bc if it isn't this, your civi employer will just find something non-mil to pin on you to fire you anyways, who wants to work somewhere like that?

good luck to you...

Shannon Samuels
loyal and loving Wife to
SPC Eric D Samuels
401st EN Co
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