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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.
Posted in these groups: 
Military Entrance Processing Station (MEPS)
Military Entrance Processing Station (MEPS)
Posted >1 y ago
Responses: 7
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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.
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Ashley Hernandez
He’s aware of the laws but his recruiter was giving him a different answer so I thought I’d ask for clarity. My husband is prior service so he “knew” his recruiter was wrong but just incase there was a chance he was right, I wanted to ask.
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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.
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.
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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."
"(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."
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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.
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.
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SPC Angela Burnham
CW4 Craig Urban This site is for everyone Craig, not just SM's and Vets, but for those thinking of joining and their loved ones too. I sincerely hope your comment was the result of some sort of miscommunication.
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