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Ojo - UPDATED

Do you ever deal with Reservists who have issues with their civilian employers?

After doing a little Googling I found a site that states the USERRA of 1994 states the service member is entitled to the same job that he left regardless if the employer filled it with another person.

I always thought it was a position equal to the one the service member left.  

Do you know anything about this?

Anyone else have any insight?

------------------------------------------------

Update:  Tim called the legal office on Dix, they say they're shut down and directed him to McGuire.  McGuire is only able to help AD service members and those on drill weekend and they directed him to his unit.

His new unit didn't answer and he had to leave a message.  He called the Major he worked under during deployment for some advice and we'll see what he says.

I will have him call the VA and see if they can offer some guidance.  I also found a non-profit in NJ called Lawyers for Warriors and may contact an attorney through them.  I don't know what else to do.

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Re: Ojo - UPDATED

  • 3 years ago my dad (National Guard reservist/Optometrist) got activated and spent a year in Kosovo. When he returned, his employer had to give him his job back. Granted it wasn't in the same office (because his contract didn't specify a certain location), but he did get it back.
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  • Not in my current job, but the legal office handles that.  He should schedule an appointment with them and let them know when he calls that he's a reservist with SCRA issues.
    Twin boys due 7/25/12
  • image MrsOjoButtons:
    Not in my current job, but the legal office handles that.  He should schedule an appointment with them and let them know when he calls that he's a reservist with SCRA issues.

    Thanks!

     

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  • That's correct.  IDK if that protection extends to raises and bonuses tho.  I can ask A if he knows.

    A (and his uncle who's retired guard) both say that the protection does extend to raises, bonuses and promotions.  Basically, when you go back to your civie job, it's as if you never left.  If they need to fill your position while you're gone, the job needs to give you a position of equal standing.

    If T feels he's getting shafted (which it sounds like from your previous post) he can file a complaint through his chain of command.

    HTH and GL.

  • image danamh83:

    That's correct.  IDK if that protection extends to raises and bonuses tho.  I can ask A if he knows.

    A (and his uncle who's retired guard) both say that the protection does extend to raises, bonuses and promotions.  Basically, when you go back to your civie job, it's as if you never left.  If they need to fill your position while you're gone, the job needs to give you a position of equal standing.

    If T feels he's getting shafted (which it sounds like from your previous post) he can file a complaint through his chain of command.

    HTH and GL.

    He's definitely feeling like he's being penalized and not with just the bonus but also how he's allowed to use his PTO time.

    I took Ojo's advice got the # for the legal office on post and he's going to call right now.  I told him to see if he can get an appointment tomorrow and then call out sick.

     

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  • image Sgt M's Wife:
    image danamh83:

    That's correct.  IDK if that protection extends to raises and bonuses tho.  I can ask A if he knows.

    A (and his uncle who's retired guard) both say that the protection does extend to raises, bonuses and promotions.  Basically, when you go back to your civie job, it's as if you never left.  If they need to fill your position while you're gone, the job needs to give you a position of equal standing.

    If T feels he's getting shafted (which it sounds like from your previous post) he can file a complaint through his chain of command.

    HTH and GL.

    He's definitely feeling like he's being penalized and not with just the bonus but also how he's allowed to use his PTO time.

    I took Ojo's advice got the # for the legal office on post and he's going to call right now.  I told him to see if he can get an appointment tomorrow and then call out sick.

     

    Dooooooooooooooooo it!! A also added that if you really want to screw them you can call the Better Business Bearu too.

  • image danamh83:
    image Sgt M's Wife:
    image danamh83:

    That's correct.  IDK if that protection extends to raises and bonuses tho.  I can ask A if he knows.

    A (and his uncle who's retired guard) both say that the protection does extend to raises, bonuses and promotions.  Basically, when you go back to your civie job, it's as if you never left.  If they need to fill your position while you're gone, the job needs to give you a position of equal standing.

    If T feels he's getting shafted (which it sounds like from your previous post) he can file a complaint through his chain of command.

    HTH and GL.

    He's definitely feeling like he's being penalized and not with just the bonus but also how he's allowed to use his PTO time.

    I took Ojo's advice got the # for the legal office on post and he's going to call right now.  I told him to see if he can get an appointment tomorrow and then call out sick.

     

    Dooooooooooooooooo it!! A also added that if you really want to screw them you can call the Better Business Bearu too.

    He works for an enormous bank so the BBB isn't going to do shiit to them.  I'd rather not have to make a spectacle of it, he's been with them for 12 years and when he does leave (for whatever reason) I'd like for it to be on the best terms possible.

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  • I'm sure you're already on it, but pleeeease make sure he has all the paperwork pertinent to his situation when he goes to his appointment.  At the very minimum, he needs a copy of his orders showing how long he was on AD.  If he's got a simple print out of his pay statements from his civilian employer, that might come in handy too, but I'm not entirely sure.  If he's got emails or written correspondence about the lack of bonuses, time off, etc, he should really keep paper copies of all that. (Preaching to the choir, I'm sure.)
    Twin boys due 7/25/12
  • image MrsOjoButtons:
    I'm sure you're already on it, but pleeeease make sure he has all the paperwork pertinent to his situation when he goes to his appointment.  At the very minimum, he needs a copy of his orders showing how long he was on AD.  If he's got a simple print out of his pay statements from his civilian employer, that might come in handy too, but I'm not entirely sure.  If he's got emails or written correspondence about the lack of bonuses, time off, etc, he should really keep paper copies of all that. (Preaching to the choir, I'm sure.)

    I'll make sure he puts it all together.  Thank you again.

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  • The protection does extend to raises and bonus as well as promotions.

    GO GET EM!!!

  • O curse you Ft. Dix!!  T's and P's that someone helps him....AND SOON!!

     

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