r/ESGR_USERRA_Answers

How to tell employer of mobilization?

Just received mobilization orders for 6 months. How can I tell them this? How can I secure my job for when I come back? My position is critical at my job, extensive training is involved to correctly do my job. Training in which I actually just got back from that cost my employer a pretty penny. I don’t want them to retaliate. I enjoy my job.

I leave in 3 weeks.

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u/External-Gold6805 — 1 day ago
▲ 4 r/ESGR_USERRA_Answers+1 crossposts

Employment after deployment

I got hired for a job while I was deployed and already completed onboarding with the company. My original start date was April 15 because my orders were supposed to end at the end of March. Then everything in CENTCOM escalated and my orders got extended, so now I can’t start until early June. Since I was already hired and onboarded before the extension happened, can the company legally decide not to let me start when I get back?

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u/SecureZucchini3054 — 3 days ago

Performance based raises

During my yearly performance review I was given what I believe to be an inaccurate rating. With no negative feedback or reviews I was given a 3 out 5. Only reason given being that due to military leave upper management did not have adequate oversight of my performance. I only took ~1.5 months of military leave during this last performance cycle. Because of this rating I got a less than ideal raise. I believe in the almost 3 years I’ve been at the company they have been factoring in my military service into m performance ratings resulting in less pay than I should have. I have it in writing from my review that they couldn’t rate me higher due to my service obligations. Is this a violation of my USERRA rights?

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u/GucciGuapLaFlare — 4 days ago

Denied Employment.

I had interviewed for a position that would increase my position and pay with a new company. The interview went really well and I had heard back within a few hours that my resume was a perfect match for the position. They said they would love to schedule the second interview but needed to ask the manager of the department about my start time. I insisted I could start this month or at the start of July but I’d be gone due to annual training. After not hearing anything back for a few hours I texted the person I interviewed with and asked for an update to which I was told that due to me missing a month at the beginning. I also received a call later that day stating that they would be able to hire me if I could get out of the annual training. I stated I couldn’t because it’s my military obligation and I am not able to get out of it for “potential employment” they said that was unfortunate but they’d have to move forward with someone else.

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u/Zealousideal-Box-887 — 8 days ago

Company is Taking Away Scheduled Time Off.

I am a Finance & Business Manager that runs the department for a new vehicle dealership. My set schedule is: 8:30am-7pm. Monday-Thursday. With Fridays & Sundays off. Plus 1 Saturday off each month. However, they make me use my scheduled Saturday off for drill weekends & when Drills fall on Thursdays & Fridays, I still work Mon-Wed & do not get an additional day off.

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u/Educational-Copy1982 — 9 days ago
▲ 39 r/ESGR_USERRA_Answers+1 crossposts

Wrongful Termination

Hey everyone,

Just got fired today from my civilian employer just a day prior to going on six months of orders. No previous written records of performance issues. The reason give to me was “productivity” and “not a very good fit with what we are looking for”. I’ve been employed there for two years. They knew about my orders well prior to this. Who can I speak to about whether I have a case on my hands?

Thank you in advance

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u/Tirian1225 — 13 days ago

Been avoiding posting but totally lost

Returned to fed Civ employment after long tour of duty. Max promo potential is gs-12. Returned as gs-09 soon to be gs-11. As soon as I returned, I was informed I’d be going to gs-09 step 2 instead of gs-11 due to having been activated with army reserves. They even wrote that down in email for me. Reached out to the JAG and was advised to file a complaint as the harm was a direct result of military duty. Fast forward 6 months after filing with DOL vets and they sided with me but employer is not budging. Now I’m being told to wait until the case is closed after higher level review then I have the option to escalate it to OSC.

When military folks tell you userra is there for you, what do they mean? 6 months and the employer can just say no- don’t feel like following the law but thanks and now theres a target on your back. Dol says I’m entitled to backpay but can’t assist in the how to get it.

Does anyone have insight into this process?

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u/Dangerous_Tap_9435 — 13 days ago

Shift Preference

Is shift preference something that is mentioned within USERRA for jobs that require shift work? (For the sake of reserve drills and or just in general)

Is a reserve service member supposed to get a certain amount of time off before they report to drill?

**For example**: If a service member is assigned night shift that starts from 10pm the previous day to 6am the next day and then has to report to drill that same say or the following day.

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u/gereod3 — 11 days ago
▲ 4 r/ESGR_USERRA_Answers+1 crossposts

Possible USERRA violation?

Hello, so I worked as Part-Time Associate at Walmart over three years ago. I was employed there for about 6 months. I did have some attendance and dress code issues, but if anything they just gave me warnings, and even cleared points to keep me from termination, basically offering me some leniency because I did have a fairly good relationship with leadership.

Anywho, during this time period I had joined the Air Force Reserves, and begin attending monthly UTA. My Coach, who was my immediate supervisor, wanted a print out of my Drill Schedule, so, I emailed it to the Store Manager, and she then printed it off for me so I can hand it to the Coach. Fast forward, and it’s time for me to attend drill, and I’m still on schedule to work that weekend. After coming back from drill, the next day, which is a Monday, I discovered they terminated me, with the catalyst being the days I missed for being at drill. After being pulled aside, the Coach and the Team Lead told me that I should’ve verbalized I was attending drill, so they would’ve been aware to keep me off the schedule, and they we’re upholding the termination because they didn’t want to be lenient anymore after my past issues where they were. So, they had me turn in my vest and work phone, and that was it.

Since then, after the 6 month window was over, I had tried to reapply over the past three years, but I’ve been ignored by all three Walmart Stores in my city, so I just want to get some thoughts and opinions.

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u/Apprehensive_Law2962 — 15 days ago

FedCiv relocation and USERRA

Background: T32 m-day guard, federal civilian employee, hired out of an alternate work site 2022 and have been working remotely since without issue.

There are talks of forcibly relocating me to DC (at own expense, NOT covered by my agency). Not due to performance or anything other than the executive order around return to office.

I spoke to the JAG/TDS officers in my unit and several of them are of the opinion that because I was hired in my current location and continue to have military reservist obligations in my state/location, that forcibly relocating me at my own expense (for non-performance reasons, I.e. Administrative/not for cause relocation) to DC would violate USERRA by making it functionally impossible to attend drills and other duties in my state. I have a 90 day set of FTNGD-OS every year in FYQ4, if that matters, and the billet I'm in is one of our state's designated weather response/rapid mobilization billets.

Tl;Dr because I was hired on a remote/alternate work site basis while already in the guard, and my military service functionally if not explicitly precludes any relocation ability that far away, would/should I be protected by USERRA against an administrative/not for cause relocation to ~1000+ miles away?

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u/MeetingNo6898 — 14 days ago