Can a job terminate you for going to meps?

Ashley Hernandez — Fri, 08 Nov 2019 01:12:22 -0500

My husband went to meps yesterday, today, and now they want him back next week. His job is pissed. They said they complied yesterday but taking off today is too much. Now he’s afraid of what they’re going to say about next week. His recruiter gave him a letter for each day to excuse him. Can they still fire him though? He has never been written up or in bad standing with his job. They’re just mad at the timing and acting like they’re going to take further action.

Response by CW4 Craig Urban made Nov 8 at 2019 7:50 AM

CW4 Craig Urban — Fri, 08 Nov 2019 07:50:26 -0500

The army did not issue you a family. Get out

Response by SrA John Monette made Nov 8 at 2019 8:52 AM

SrA John Monette — Fri, 08 Nov 2019 08:52:30 -0500

unfortunately, since he is not in the military currently, his employer can probably terminate him. he's not protected by USERRA. in some states, the employer has to show cause. others don't have to (right to work states). if he does get terminated, he can file unemployment. the employer may fight him on that too.

Response by MSG Private RallyPoint Member made Nov 8 at 2019 9:50 AM

MSG Private RallyPoint Member — Fri, 08 Nov 2019 09:50:13 -0500

Sadly, since your husband is not in the Service, his job can do it. However, I would recommend your husband review the USERRA laws to have a better understanding.

Response by SSG Brian G. made Nov 8 at 2019 9:51 AM

SSG Brian G. — Fri, 08 Nov 2019 09:51:09 -0500

Yes. They can fire him. The long and short of it is that he is going through the process of joining the military. Nothing in that is protected by law. Nothing. Sucks but that is simply the way of it. The letter his recruiter provided means nothing. It has and bears no legal weight. It is simply a letter stating that your husband was at location X for this day.

Here is where he has to evaluate what is important and what is not. Is he looking to go active duty or is this a reserve enlistment?

Yes, his employer can fire him but there is a process for it. Depending on the state and that states laws is going to determine what rights your husband has. I would suggest that your husband go in and talk to his HR department ASAP and work things out. If he has vacation time have him take that or some companies have sick and personal days.

Response by Ashley Hernandez made Nov 8 at 2019 3:48 PM

Ashley Hernandez — Fri, 08 Nov 2019 15:48:56 -0500

Update: his job was only upset of the short notice he gave when they kept him overnight. Thankfully, they were understanding and allowed him to take a day off next week to go back. They even gave him a make up day for his hours.

Response by PO2 Private RallyPoint Member made Nov 8 at 2019 7:25 PM

PO2 Private RallyPoint Member — Fri, 08 Nov 2019 19:25:29 -0500

Yes they can fire you.

Response by SPC Stewart Smith made Nov 9 at 2019 11:51 PM

SPC Stewart Smith — Sat, 09 Nov 2019 23:51:07 -0500

Depends what state.
Here in New York we live in an "at will" state. You can be terminated because your employer doesn't like the way you sneeze.

Response by PFC Private RallyPoint Member made Feb 14 at 2020 12:23 PM

PFC Private RallyPoint Member — Fri, 14 Feb 2020 12:23:43 -0500

S. 4311 Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited.
"(a) A person who is a member of, APPLIES TO BE A MEMBER OF, performs, has performed, APPLIES TO PERFORM service in a uniformed service shall not be denied initial employment, retention in employment, promotion or any benefit of employment by an employer."