Can your civilian job fire you after putting in notice of joining the military?

2020-06-24T18:46:07-04:00

I told my job that I go to Basic training in August. It was well over a month advance notice. My boss just called me in the office to say “we decided to make your last day the 30th of June.” I’m located in California. Now I have a month with no employment before I head out. I support a family.

Response by SFC Private RallyPoint Member made Jun 24 at 2020 6:59 PM

2020-06-24T18:59:52-04:00

Are you going into the National Guard or active duty? I'm not sure if either matters but "California's Labor Code contains a presumption that employees are employed at will. This means that either the employer or the employee may terminate employment at any time, with or without cause or prior notice."

It's an at will state. They can fire you for anything that isn't a protected category. Try to find some work until you leave. Door Dash? Uber? I mean there's nothing you can really do to fight it.

Response by MAJ Private RallyPoint Member made Jun 24 at 2020 7:02 PM

2020-06-24T19:02:30-04:00

California law prohibits public and private employers from discharging or otherwise discriminating against an employee because he or she is a member of the state or U.S. military or is ordered to duty or training (CA Mil. and Vet. Code Sec. 394, Sec. 395).
Effective January 1, 2018, this prohibition against discrimination extends to all terms, conditions, and privileges of employment.
There are a number of laws providing military leave rights and benefits to California's private employees, including:
Leave for training. Employers must grant up to 17 days of temporary, unpaid leave per year to employees in the U.S. reserves, National Guard, or naval militia who are called to engage in drills, training, encampment, naval cruises, special exercises, or like activities. The 17-day period includes time required to travel to and from duty (CA Mil. and Vet. Code Sec. 394.5).
Private employers must grant up to 15 calendar days of unpaid temporary leave to employees in the state military reserve for training, drills, and other inactive duty training (CA Mil. and Vet. Code Sec. 395.9).
Benefits. Private employers may not restrict or terminate any collateral benefit for an employee who is ordered to duty or training for less than 52 weeks (CA Mil. and Vet. Code Sec. 394).
“Collateral benefits” include health care, which may be continued at the employee's expense, life insurance, disability insurance, and seniority status. An employer that restricts benefits in violation of the law is guilty of a misdemeanor and will be liable for actual damages and reasonable attorney's fees incurred by the employee.

The above is intended to protect National Guard and Reserve.

You are not technically covered under military leave acts because you are not officially part of the military yet.

Have you applied for unemployment?

Response by MAJ Byron Oyler made Jun 24 at 2020 8:17 PM

2020-06-24T20:17:34-04:00

I would head over to your local unemployment office. If they are letting you go based off what you have told us, I am willing to bet you qualify from 1 July until your ship date.

Response by Private RallyPoint Member made Jun 24 at 2020 8:26 PM

2020-06-24T20:26:04-04:00

I appreciate all the responses and input. Will be applying for unemployment in mean time, but be in touch with labor lawyer just in case. Looking forward to ship date more than ever now!

Response by SGT Chris Padgett made Jun 25 at 2020 12:07 AM

2020-06-25T00:07:10-04:00

I am a dept manager for a company. As a veteran, I'm likely to keep someone around that told me they were going into the military. I'd wait until the last moment to hire a replacement.
My boss, he'd tell me to start the hiring process right away, and if the right guy shows up tomorrow, then I'd be forced to fire you then.
There are no laws that protect your job as a recruit.
Sucks, but that's just the way it is.

Response by SGT Ben Keen made Jun 25 at 2020 9:43 AM

2020-06-25T09:43:24-04:00

Yes they can. It is sad to say that but the employer is allowed to do this. The laws on the book only apply to those currently serving in the National Guard and the Reserves who have to leave their civilian job in order to fulfill their service requirements. Since you are still a civilian waiting to enter the service, those laws do not apply.

Response by SPC Stewart Smith made Jun 25 at 2020 9:50 AM

2020-06-25T09:50:12-04:00

California is an "employment at will" state. The employer can fire you for almost any reason with no recourse.

Response by SPC Private RallyPoint Member made Jun 25 at 2020 4:56 PM

2020-06-25T16:56:33-04:00

That's why, unless you work for a ma&pa business, you wait until you are 2 weeks out before you tell them.

Response by PO2 Chris Mccarthy made Jun 26 at 2020 4:19 PM

2020-06-26T16:19:11-04:00

Absolutely. There are no safeguards in place unless you are in a reserve or guard unit. Your job has decided to put there money training someone how will be there longer. Sorry to hear it.

Response by SPC Tyler Prothro made Jun 26 at 2020 7:14 PM

2020-06-26T19:14:11-04:00

Are you applying for active or reserve component?