r/ESGR_USERRA_Answers

Hi all,
Juicy story from today.
To start, I’m an Army Reservist. Going on 9 years now and I’ve never had an issue like this today. So I was doing an RST, which I notified my supervisor about 3 weeks ago. However, I’m a contractor and my RST is with the Active duty personnel I work with. Again… This has never been an issue before. So my supervisor asked for orders and I kindly told him multiple times that I wont get orders for an RST. 10 mins before we got off work yesterday, he threatened to fire me if I don’t give him orders. I kept explaining to him that it won’t happen. Best I can give him my signed RST form or a completed DA form 1380, but that’s at the end when it’s all said and done. He kept threatening for termination due to unexcused days.
I spoke to my PSG over the phone last night and he typed out an Employer Letter stating I will be doing drill dates from the 22-24July. He argued with me and got disrespectful over my PSG signing a memo and not my 1SG or commander.
We butted heads about it and went to HR. HR then immediately shut him down saying they have to honor it and there’s nothing they could do about it. He caused a whole scene saying he won’t accept it because it’s a PSG signature. HR kept saying it’s fine. More butting heads occurred.
HR said I’m free to return to my RST duties. He decided to show up right before the end of my duty day to tell me I can’t RST with the active unit we work with as contractors. I told him he has no say about it because I have now gave him a proper memo. He said “I dont care about all that”. So tomorrow, I will be driving all the down to my regular unit to complete my RST days.
My unit is tracking 100% of everything.
We are going to get things handled at whatever level possible because I want to sue my supervisor/company for his harassment and violating all the laws that protect me from BS like this.
Contacted military one source, they said to get IG. My unit says we’re getting JAGG. Has anyone had a hard time with an employer like this before?
Throwing this out before I go to bed here in a sec. Look forward to hearing the suggestions in the morning.
Thank you

So I applied to a promotion at work, I'm in the Air National Guard and was passed over for this promotion. When I asked for feedback I was told I was the second choice and the person selected was ultimately selected for experience within the company. I'm currently just a technician and the other person was a Lead technician. The situation though, they were hired to Lead while I was away on orders. I missed out on the opportunity to compete for that lead position because I was away. My company is saying I would not have been selected because I was not certificated by the FAA at that time. I am now certificated. Though the person selected wasn't certificated when selected. My company has not addressed that fact and are not responding to my requests for a resolution and telling me to apply and compete for the open opportunities now. My understanding is they can't hold me to different standards than what was applied at the time, and using the escalator principle and the reasonable certainty standard I should be placed in a position to restore my career path I would have been on if not for my military service. Even after requesting mediation through the ESGR my company has ignored my request and have just said to apply for the open opportunities. I really don't want to file a complaint or hire a lawyer as the matter is time sensitive due to the open job postings. What can I do since my company is ignoring me and forcing me to apply and compete for positions I could/should be placed in under USERRA.

I just wanted to double check my facts before filing a complaint, an employer can not deny me initial employment due to me being in the service correct? I'm in the national guard for context.

All input is appreciated, thanks gents

My Supervisor pulled me into his office today to tell me that he's officially retiring at the end of the year. He also stated that I will remain a Lead, while the other Lead will become the new Supervisor. I said I understand, but asked why. I was told it was due to my attendance and that, 'you actually need to be here to lead a company.'

Other than 1 snow day and 1 sick day, I've only missed work due to military training or FMLA (my son being born). And this meeting took place within a month of me being back from a 4 week reclass.

Also, at one point in the meeting I mentioned that it's better than I was only gone 4 weeks rather than being gone a whole year because my old unit is currently deployed. My boss' response was, "Well it was your choice to be in the military."

I know I have a case, but I'm unsure how to collect evidence as this was all verbal. Any tips/help from those with experience would be greatly appreciated.

Long story short, I’ve been on orders for half a year now. I was supposed to get promoted (seniority promotion) in March while I was still on orders. I turned in all necessary paperwork for it but HR said I had to make up the time I was gone to get promoted. I reached out to USSERA about this which led to my company’s HR obliging to the escalator principal. However they stated that I would only get promoted once I return back to the office.

At my company, employees are eligible to receive seniority promotions on their anniversary date. We have to fill out a questionnaire answering why we should be promoted. I know for a fact that if I wasn’t on orders at the time I would’ve gotten promoted in March. Can my employer make me wait to get promoted?