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
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?
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.
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?
Do CO-ADOS orders qualify as exempt service under USERRA’s five-year limit? I’ve heard of intelligence personnel serving on these orders and successfully having that time excluded from the cumulative cap. Any insight or clarification would be appreciated. Thanks!
Hi everyone, I recently deployed and during dmob the esgr brief mentioned something about leave matching the most generous leave and differential. I tried looking it up but didn't seem to get a clear answer.
I'm a police officer at my civilian job. The only paid military time I get is the minimum from the state (Oregon), which is 21 days of paid military leave which resets at the military physical year. I got paid for those days while on deployment, but the rest was unpaid. From what the esgr brief mention I might be entitled to differential pay since military leave has to match the most generous leave? My agency currently has someone on admin leave for about 6 months now, all paid, and this is not the first time someone has been on leave for months while paid. Would my military leave for deployment fall into that category of similar leave? I start work again this next week, and will have been on leave for 11 days short of a year.
I also did not accrue any vacation, which is usually 11 hours a month. It is not based on hours worked, simply awarded every mid month paycheck and goes up in hours as seniority increases. I'm currently at step 2 of 4 for leave accrual. Our contract states "In no instance shall an employee accrue vacation time while they are on a leave of absence without pay, except as required by applicable law." I figured that might be tied to my above question.
Thank you very much for any insight.