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What are my USERRA rights after leaving for 2 weeks of training in this instance? [closed]
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I work doing some programming/database stuff for a company. I was given a 3 month long task that was unfortunately broken up by 3 weeks of annual National Guard training. I am now being told that this is a "keep your job" kind of task and I should get back on schedule.
If I do not make it back on schedule, is this directly related enough to USERRA (Unified Services Employment and Reemployment Rights Act) that my employer cannot let me go, or do they still have that freedom? I ask because this kind of seems like a grey area and this is the first time I've had to deal with this.
Note: I gave the company 5 months advance notice that I would be absent (I actually gave them this year's schedule during the hiring process).
united-states termination government rights
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
closed as off-topic by gnat, jimm101, nvoigt, Chris E, Magisch Aug 19 '16 at 13:05
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, jimm101, nvoigt, Chris E, Magisch
suggest improvements |Â
up vote
1
down vote
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I work doing some programming/database stuff for a company. I was given a 3 month long task that was unfortunately broken up by 3 weeks of annual National Guard training. I am now being told that this is a "keep your job" kind of task and I should get back on schedule.
If I do not make it back on schedule, is this directly related enough to USERRA (Unified Services Employment and Reemployment Rights Act) that my employer cannot let me go, or do they still have that freedom? I ask because this kind of seems like a grey area and this is the first time I've had to deal with this.
Note: I gave the company 5 months advance notice that I would be absent (I actually gave them this year's schedule during the hiring process).
united-states termination government rights
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
closed as off-topic by gnat, jimm101, nvoigt, Chris E, Magisch Aug 19 '16 at 13:05
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, jimm101, nvoigt, Chris E, Magisch
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12
suggest improvements |Â
up vote
1
down vote
favorite
up vote
1
down vote
favorite
I work doing some programming/database stuff for a company. I was given a 3 month long task that was unfortunately broken up by 3 weeks of annual National Guard training. I am now being told that this is a "keep your job" kind of task and I should get back on schedule.
If I do not make it back on schedule, is this directly related enough to USERRA (Unified Services Employment and Reemployment Rights Act) that my employer cannot let me go, or do they still have that freedom? I ask because this kind of seems like a grey area and this is the first time I've had to deal with this.
Note: I gave the company 5 months advance notice that I would be absent (I actually gave them this year's schedule during the hiring process).
united-states termination government rights
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
I work doing some programming/database stuff for a company. I was given a 3 month long task that was unfortunately broken up by 3 weeks of annual National Guard training. I am now being told that this is a "keep your job" kind of task and I should get back on schedule.
If I do not make it back on schedule, is this directly related enough to USERRA (Unified Services Employment and Reemployment Rights Act) that my employer cannot let me go, or do they still have that freedom? I ask because this kind of seems like a grey area and this is the first time I've had to deal with this.
Note: I gave the company 5 months advance notice that I would be absent (I actually gave them this year's schedule during the hiring process).
united-states termination government rights
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
edited Aug 18 '16 at 8:18
Jan Doggen
11.5k145066
11.5k145066
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
asked Aug 17 '16 at 23:17
Jeff.Clark
13515
13515
closed as off-topic by gnat, jimm101, nvoigt, Chris E, Magisch Aug 19 '16 at 13:05
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, jimm101, nvoigt, Chris E, Magisch
closed as off-topic by gnat, jimm101, nvoigt, Chris E, Magisch Aug 19 '16 at 13:05
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, jimm101, nvoigt, Chris E, Magisch
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12
suggest improvements |Â
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12
suggest improvements |Â
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I dealt with USERRA all the time when I was in the Reserves.
An employer may not deny you retention nor retaliate in any way due to your service. That means they can't use your service against you as a reason for adverse personnel actions. Basically your deadline needs to be extended a reasonable amount of time. If any of those happen you have grounds for a complaint.
The best thing you can do in your situation is get with your HR if your manager isn't being flexible with your deadline. IF that doesn't work you need to wait until something negative happens then you will be able to file a complaint with the DOL.
So long as you do your duty and inform them (which you've done) they're bound by it. However, if the deadline already included an extension equal to your amount of service there isn't anything you're going to be able to do. You may be able to ask for an additional week of "getting back into the swing of it" time as a reasonable accommodation, but that would depend on the complexity of the project. The exact amount of time is something that is completely up to interpretation of the manager though and you will just have to make due with whatever you can get from him/her.
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
0
down vote
I dealt with USERRA all the time when I was in the Reserves.
An employer may not deny you retention nor retaliate in any way due to your service. That means they can't use your service against you as a reason for adverse personnel actions. Basically your deadline needs to be extended a reasonable amount of time. If any of those happen you have grounds for a complaint.
The best thing you can do in your situation is get with your HR if your manager isn't being flexible with your deadline. IF that doesn't work you need to wait until something negative happens then you will be able to file a complaint with the DOL.
So long as you do your duty and inform them (which you've done) they're bound by it. However, if the deadline already included an extension equal to your amount of service there isn't anything you're going to be able to do. You may be able to ask for an additional week of "getting back into the swing of it" time as a reasonable accommodation, but that would depend on the complexity of the project. The exact amount of time is something that is completely up to interpretation of the manager though and you will just have to make due with whatever you can get from him/her.
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
suggest improvements |Â
up vote
0
down vote
I dealt with USERRA all the time when I was in the Reserves.
An employer may not deny you retention nor retaliate in any way due to your service. That means they can't use your service against you as a reason for adverse personnel actions. Basically your deadline needs to be extended a reasonable amount of time. If any of those happen you have grounds for a complaint.
The best thing you can do in your situation is get with your HR if your manager isn't being flexible with your deadline. IF that doesn't work you need to wait until something negative happens then you will be able to file a complaint with the DOL.
So long as you do your duty and inform them (which you've done) they're bound by it. However, if the deadline already included an extension equal to your amount of service there isn't anything you're going to be able to do. You may be able to ask for an additional week of "getting back into the swing of it" time as a reasonable accommodation, but that would depend on the complexity of the project. The exact amount of time is something that is completely up to interpretation of the manager though and you will just have to make due with whatever you can get from him/her.
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
suggest improvements |Â
up vote
0
down vote
up vote
0
down vote
I dealt with USERRA all the time when I was in the Reserves.
An employer may not deny you retention nor retaliate in any way due to your service. That means they can't use your service against you as a reason for adverse personnel actions. Basically your deadline needs to be extended a reasonable amount of time. If any of those happen you have grounds for a complaint.
The best thing you can do in your situation is get with your HR if your manager isn't being flexible with your deadline. IF that doesn't work you need to wait until something negative happens then you will be able to file a complaint with the DOL.
So long as you do your duty and inform them (which you've done) they're bound by it. However, if the deadline already included an extension equal to your amount of service there isn't anything you're going to be able to do. You may be able to ask for an additional week of "getting back into the swing of it" time as a reasonable accommodation, but that would depend on the complexity of the project. The exact amount of time is something that is completely up to interpretation of the manager though and you will just have to make due with whatever you can get from him/her.
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
I dealt with USERRA all the time when I was in the Reserves.
An employer may not deny you retention nor retaliate in any way due to your service. That means they can't use your service against you as a reason for adverse personnel actions. Basically your deadline needs to be extended a reasonable amount of time. If any of those happen you have grounds for a complaint.
The best thing you can do in your situation is get with your HR if your manager isn't being flexible with your deadline. IF that doesn't work you need to wait until something negative happens then you will be able to file a complaint with the DOL.
So long as you do your duty and inform them (which you've done) they're bound by it. However, if the deadline already included an extension equal to your amount of service there isn't anything you're going to be able to do. You may be able to ask for an additional week of "getting back into the swing of it" time as a reasonable accommodation, but that would depend on the complexity of the project. The exact amount of time is something that is completely up to interpretation of the manager though and you will just have to make due with whatever you can get from him/her.
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
edited Aug 21 '16 at 13:52
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
answered Aug 18 '16 at 7:10
BirdLawExpert
1,296511
1,296511
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
suggest improvements |Â
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
Do you have any sources or personal experience to back this up? Your answer is reasonable and you seem pretty confident, but since this borders on legal matter some linked sources would be useful.
– David K
Aug 18 '16 at 11:56
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@DavidK I dealt with this all the time when I was in the Reserves.
– BirdLawExpert
Aug 18 '16 at 20:33
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere it is a reasonable assumption based on them saying he needs to catch up and the way the question is worded. As intelligent beings we can extrapolate information from provided information.
– BirdLawExpert
Aug 18 '16 at 20:35
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
@JoeStrazzere I understand the concern you're having here, however I feel any chance of an issue was significantly removed as my answer included the advice of going to HR and talking about it with them. Had the deadline already included an extension that would have been communicated to the individual. But since SE is searchable and someone that may not know that piece of information may stumble upon it and it could get them hemmed up, I'll edit my answer to include that thank you.
– BirdLawExpert
Aug 21 '16 at 13:49
suggest improvements |Â
Thank you for the pdf. This kind of seems like a gray area because it may not be directly related, but I will call the number on the pdf to find out.
– Jeff.Clark
Aug 17 '16 at 23:37
@JoeStrazzere It is possible. However, the deadline is not just an internal one. It is due to the business sector I am in. The company knew this project needed to be done before this fall since before I was hired. I am also "new college grad" type of status, so I am having to learn quite a lot of new stuff to get this done.
– Jeff.Clark
Aug 19 '16 at 8:19
@Jeff.Clark So, can you get it done? The laws are all good and well but if your failure to produce loses the company a lot of money, sooner or later they WILL get rid of you. If they have a HR department, they'll most likely find a very legal way to do so.
– Magisch
Aug 19 '16 at 13:08
@Magisch I honestly think I can. I am putting in ~15 hour days as a show of good faith (I am salaried) because it really is a good company. I am just getting a feel for my options if it goes south.
– Jeff.Clark
Aug 19 '16 at 15:12