Posted on Aug 10, 2017
SSG Squad Leader
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This has happened the last 2 months. I contacted ESGR and they advised me that the employer is not allowed to change my schedule. They also advised me to have a cordial conversation with my boss. This obviously has not worked, as he did it again this month.
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CW2 Ci Operations Chief
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They are not allowed to change your schedule or otherwise treat you in a different manner because of your reserve/guard service. However, they also do not have to pay you during the time you are away on duty as well, which is why many employers will try to simply adjust your schedule so they can still pay you. Now, most government jobs (local, state, and federal), have paid military leave for such events (typically 15 or 30 days), however, many civilian employers (if not most of them) do not. That being said certain states also have laws on the book which require employers to let reservists burn other forms of leave time for military service as well... Mainly just vacation time though.

Have you spoken with your employer about this?
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CPT Lawrence Cable
CPT Lawrence Cable
2 y
CW2 (Join to see) - I can't find that it's against the rules to schedule your days off for your drill weekend, which is how I took his post to mean, especially if is already a rotating schedule. That is exactly what they did in my case, one of my weekend rotations was whatever weekend I drilled. Now if they changed it to a different shift, I might see a case, but I can't find anything that tells me they can't schedule your work week any way they chose within Federal and State guidelines .
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CW2 Ci Operations Chief
CW2 (Join to see)
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CPT Lawrence Cable - You may be right, but I still think if he can prove they did it to discriminate and it is not necessary to work around his military schedule, I think he might still have case. At least its worth inquiring about with ESGR and/or JAG.
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CPT Lawrence Cable
CPT Lawrence Cable
2 y
CW2 (Join to see) - It never hurts to check, the worse that can happen is he will be told no, it isn't.
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SSG Squad Leader
SSG (Join to see)
2 y
Yes, changing out of spite. Not being impartial. Using my service dates against me, making me work other person's shifts with no reason or compromise. I filed a USERRA complaint and have spoken with the investigator. The situation is being handled as discrimination.
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Cpl Duane Patchen
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Edited 2 y ago
I gave my employer notice of my intention to join the reserve. After informing my employer of my intentions to enlist, my supervisor asked me to change shifts. I work Weds, Thurs, Fri, & every other Sat night, 6pm-6am. He asked me to change to day shift. In our conversation, he said that a previous National Guard employee worked this day shift b/c it was more conducive to weekend drill b/c I would only miss 1 day of work for drill vs possibly 2 days of work for drill. My supervisor has asked other members of my shift to change shifts as well, sighting manpower & skills gaps. I believe he is asking for a volunteer, but after a couple of emails, he has stated my intention to enlist is a factor in wanting me to change shifts & I believe I am at the top of his list. I have made it clear that I do not wish to change shifts b/c of my court ordered parent time, as it occurs on Sun, Mon, & Tues. Moving from nights to days would also result in a 15% pay decrease. While I do believe the business need exists to have someone change shifts, my supervisor is specifically targeting me b/c of my intention to enlist, despite other employees having similar skill sets. Could this situation constitute a USERRA violation?
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SFC G4 Sr Supply Nco
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SSG Greenlee,
I'm guessing your initial contact with ESGR was just an inquiry. You can contact them again and request mediation. After submitting a form online ( http://www.esgr.mil/USERRA/USERRA-Contact ) ESGR can have a local volunteer contact both you and your employer to explain to both parties what the rights and responsibilities of USERRA are in this case. Initial contact with the SM is usually within 48-72 hours. Mediation services through ESGR are informal, impartial, and best of all - free.
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