Posted on Feb 2, 2015
Conflict with National Guard deployment and Civilian Employment
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I am just wondering what my options are concerning my civilian employment and an upcoming deployment. I am an intelligence analyst in the National Guard and am supposed to deploy in April. But I also have just been offered a job as a Wildlife Enforcement Officer, my dream career that I've been going for now for 5 years. To be a Wildlife Officer I have to finish basic law enforcement training and additional in-service training specific for Wildlife Officers in order to perform the duties required. I informed my CoC that I was applying back in October when the recruitment process started, and I was officially offered the job in December. My CoC is saying that even though this conflict exists, only those with terminally ill family members are being taken off the deployment. I had actually found a replacement to take my spot, but he was flagged, for what I do not know. So they would not accept him. By deploying, I can not finish my required training and will not be able to fully perform my duties once I return. So I was just wondering if I had any other options to appeal being taken off the deployment, being able to deploy late, or trade deployments with someone going next year?
Deployment
Civilian Career
Wildlife
Law Enforcement
Posted 9 y ago
Responses: 4
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Talk with ESGR (Employer Support for Guard and Reserve). Every state has one. The organization assists employers to understand the laws that protect servicemembers' employment while serving. If a replacement cannot be found for the deployment, you will need to go. However, if you have accepted the position and are on the payroll, they can't fire you for deploying. Your training will get delayed. Good luck!
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MAJ Monique Ruiz
SGT (Join to see) ESGR also has an awards program for Soldiers to nominate employers who are military-friendly.
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COL Vincent Stoneking
MAJ Monique Ruiz Could you post a link the ALARACT in question when you get a chance? I had not heard of this, and think that everyone in the Reserve side of the house should be aware of such a program. An excellent resource, especially as a lot of employers have decided to be less generous after over a decade.
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SSG (Join to see)
Also you can go speak with your unit JAG. They may be able to work with your potential employer to help mediate the problems.
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LTC John Dyess
This a concern that arises frequently among new hires. Contact Employer Support for the Guard and Reserve (ESGR) [login to see] http://www.esgr.mil
Employer Support of the Guard and Reserve Home
With an ESGR committee in each state, territory, and the District of Columbia, there is an ESGR representative able to help you forge a stronger bond with your supervisor through a greater understanding of your military service.
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Being in the Guard or reserves is always a unique situation SGT (Join to see) . Technically you fall under the SSCRA since you were officially offered the Wildlife job so the deployment should not be an issue. It would just delay your training.
On the other hand I would continue to work with the Unit to see if there are other options.
On the other hand I would continue to work with the Unit to see if there are other options.
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SGT (Join to see)
Well the problem I am having is to be able to perform the job I have to be a law enforcement officer, which I can get when I return. But I also have to have specialized wildlife law enforcement training that the Commission cannot justify paying for when it is for one person. They will not have another school for 2 years.
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SSG (Join to see)
Regardless the SSCRA is supposed to protect you. You need to check with JAG to be positive.
There is something that can be done; I am sure of it. Continue to work with your Unit as well and explain what is going on. Eventually someone will listen.
There is something that can be done; I am sure of it. Continue to work with your Unit as well and explain what is going on. Eventually someone will listen.
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LTC John Dyess
SSCRA isn’t really applicable here. Uniform Services Employment and Reemployment Rights Act (USERRA) is the statute that addresses such issues. ESGR is the best source for information and advice
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If you have been hired (filled out all the paperwork with Hr and all that), it is simply a matter of them allowing you to perform your regular military duties as is federal law. The ESGR will back you up there. Perhaps you can attend some of the training before you leave and complete the rest once you return. If not, however, you would have to ask them if they are willing to offer you a position once you return and start your employment then. I found this to be the case when I was going to take a bank position, and when I returned, that same bank gave me a very cold shoulder but since I was not an employee, the ESGR could not help.
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SPC Lukas Jones
That is good news! Any promotions, pay raises or advancements that you would have received while you are deployed are also guaranteed to you upon your return. This should also all be discussed during your Yellow Ribbon.
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SGT (Join to see)
Well I don't know how that will work because I cannot actually fill my slot until I'm qualified which will be at least a year later. I'll be working likely as a dispatcher when I return, not as a Wildlife Officer until I get the training done. I have my Yellow Ribbon this next weekend.
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SPC Lukas Jones
Talk to the ESGR about it at your Yellow Ribbon! They are great! I learned so much at mine!
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