Posted on Feb 19, 2014
LTC Senior Project Manager
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Ji
During a recent Civilian Job-interview, the manager asked me if it was possible for me to be deployed again? As an Army Reserve Soldier, there is ALWAYS a possibility for deployment at any-time, just as any male between the age of 18 and 60 who signed-up for selective service can be drafted. This question is similar to asking any female between the age of 18 and 48 if there is a possibility they could get pregnant and have to be provided a maternity leave of absence.

This has come-up at almost every job-interview. Please provide your
view-point or experience. Thank you, MAJ G.
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COL Vincent Stoneking
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It is likely illegal. (I say likely because it turns out that employment laws, including the USERRA, have tons of shades of gray in them, depending on exact wording, who volunteered what first, what the intent was, and whether there is a tape recording or other corroborating evidence....)

That said, my answer would be something along the lines of "I can never tell what our elected officials will do, but I don't expect to be required to deploy anywhere anytime soon, other than for my two weeks in the summer."

Speaking as someone who hires, it is probably a losing proposition (unless you want to be a test case and prove a point - I never want to be a test case) to argue about whether or not the interviewer CAN ask you a question that they already have. At that point, you really have two viable lines of attack:
1. How to respond?
and
2. Do I want the job if they ask this kind of question?
or
3. Go ahead and lawyer up. 'Cuz I can guarantee they won't say "my bad" and hire you. I refer back to #2. I don't want to work there.

It is disheartening to hear all the testimonials of people who see Reserve service as a detriment. When I see it (or prior AC service) on a resume, I will often end up interviewing a candidate, even if they are otherwise marginal.

NOTE: The above was meant as practical advice to a person who is asked prohibited or "questionable" questions during an interview. It does not condone employers violating the law - just acknowledging that they very well might and focusing on the bits that the interviewee can control.
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CPT Hhc Company Commander
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I have taken ARNG off of my Linked-In page.  


I now have two different resumes.  One with ARNG and one without.  I research a company on linked in prior to applying.  If it looks like they are military friendly, I send them the ARNG one, if not, than the opposite.  



ARNG has come up in interviews and I can tell that it is an issue for the employer (and I get the business reasons behind it even though it is illegal) 



I do feel a bit like I am lying if I do not have ARNG on my resume, but since it is illegal for them to use that fact in consideration of my employment, I get over it pretty quickly. 

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LTC Program Manager
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It may not be legal for them to ask but if I was an employer I would not want to hire someone who could be called away for a year with no notice.

 

Tell them why it's not likely.  "If the country is still at war in 5 or 6 years"

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Sgt John Henry
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It may be illegal for the employer to ask that but it leads one to believe that many employers will discriminate against Reservists and not even try to hire them to begin with at the company.  
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CMC Robert Young
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Major, I'm in the same situation. So far nobody has been quite that direct with me, but they all tap dance around the issue fishing without actually speaking the question out loud. Their intent is clear though.


I do believe that there is a significant bias against those of us who serve in the reserve particularly in light of recent history. I applied for a senior leadership position at a local law enforcement agency after returning from my last mobilization. I was told that I did very well by the review panel, but was not offered the job. A week later the job was advertised again with very carefully worded language which precluded anybody with recent military experience from qualifying.


It's frustrating because I like you have much experience, training, education to offer anybody who would hire me if they could just get beyond the fact that I MIGHT be recalled to active duty at some undetermined time in the future.

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1SG Michael Minton
1SG Michael Minton
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if you are asked, you have to play it down like there is almost no chance of it. wars winding down, they are downsizing the military, they will most likely send active duty and guard before they would call up reserves, especially if it is inactive reserve. if your inactive reserve, tell him he has just as much chance of being called up to deploy. you got to play it down.
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SPC Automated Logistical Specialist
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I am agreed with every one its illegal to ask these kind of questions.
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TSgt Cyber Systems Operations
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I did an interview for a job last year and this topic came up indirectly because I am ANG, and had it on my resume but the question was never directly asked.

Interesting thing was the day after the interview I was called up for training and I contacted the company I said I was withdrawing my resume for consideration. I was then called the next day by the hiring manager and was told that once my training was completed I would have a job if I was still interested. I was shocked, he told me he had done ten years in the army guard pre- and post 9/11 and preferred when reservists were honest about deployments and the such, because it told him that the member would honest with the company in regards to activation's and deployments. He then told me about 15% of the workforce were guard/reserve and that most would let the company know within days of orders to allow the company plan for it.

Oh, when I completed my orders I went to work for that company.

I think it is a fine line to work, as to if you should talk in detail about your reserve/guard service vs they having to ask directly(illegal as discussed, but you can't un-ask a question.) Because your response may very well get you the job or sink all chances depending on the interviewer or the mentality of the company. Some companies love reserve/guard because they don't have to pay to keep 8570 certs current or flight training up. Other companies dredd losing people for 2-6 months every 18months because they effectively have to replace them and still have to hold a job for them.
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CSM Battalion Command Sergeant Major
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Companies generally know if they support vets or not. So asking if you could be deployed is usually a questioned asked out of ignorance; or to cover themselves when HR or their manager asks them about the hire. Generally if you are more qualified you should get the job. I have had instances
where it was counted against me that I am in the Reserves and that is unfortunate.
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SGT Technical Support
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I didn't know anything about that question being illegal as several people are saying around here. I got asked that at my job interview. He was a vet, I'm a vet, we swapped war stories, I got hired.
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PFC Mike Mcdermott
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"I could deploy, but the military is weird like that. They don't give me much notice."
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SrA Zachary Bolling
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It is against the law to discriminate because of that possibility, as I'm sure you are aware of. I have seen it in a few of my previous jobs. When that is brought up in an interview, the employer does not want to move forward. That made me realize that even though A lot of the civilian population supports the military, no body wants to be put out by not having a full time employee.
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CPT Engineer Officer
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I know this....I sent in over 100 resumes for jobs I qualified for in 2013 and received 2 interviews.  Left both interviews and never heard from the employer again.  I took all of my military experience off my resume and posted it for 10 jobs.  I got 4 interviews. The two interviews I disclosed the fact that I was still in the Reserves, I never heard from them again. The other two interviews that I did not disclose my military status, I was asked to come back form multiple interviews.  I did not land those jobs either, but I did go up further in the interviewing process and I felt like I had a fair shot at the position for the first time since all of 2013.
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SFC(P) Police Officer
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I've been through 3 interviews in the last 2 months and every time they ask me what are my chances of getting deployed. never hear back from them after that.
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CPT Engineer Officer
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It is sad to say, but I feel your chances of getting the job in better if you do not voluntarily give information on your military status unless asked.  If your resume does not have that information, they may not know to ask, but then you will need some civilian work experience to even get the interview.....catch 22. I have been a part of 3 or 4 military headhunter groups for over 5 years now and still no job.  I have attended 5 or 6 military recruit hiring events and still no job.
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CW3 Network Architect
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I'm with CPT Bell on this one.  Don't give out any more info than is absolutely required.  They're not even allowed to ask about the 'chances' for deployment...

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CPT Brandon Christensen
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Sir, I am probably one of the lucky ones that haven't had that experience of getting asked that question. But if I were to get asked that question, I would be totally honest with them. I would explain that being in the NG (for me) law requires that we be informed (if not mistaken) 12 months in advance so we have time to train and get our civilian affairs in line, and then would say as of right now, there is no intent for myself to deploy. But just like anything else, things can change and I could be called up at any time, just like anyone that has registered with the selective service at 18 yrs old.
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CW3 Network Architect
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Uh...what law is that, LT?
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SGT Michael Little
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I was a Career Counselor / recruiter with the Kentucky National Guard for five years. I do know that a servicemember has reemployment rights under USERRA. Linking the PDF for informational purposes. 

We could take action against employers if they didn't rehire members when they return from deployment or didn't grant them military leave to perform their required IDT times. I haven't ever faced an employer that wanted to reject an applicant because he/she was a member of the reserves so have no experience with that. As a retiree though I don't like the idea that an employer asks this question as a qualifier and means of determining eligibility of employment. But, I cannot find anything specifically stating it is against the law for them to ask during the hiring process (if someone finds something that does please message me the link, thanks). It is against the law for them to not rehire after deployment or hold military service against a current employee. 


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1LT(P) Jan I.
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Edited >1 y ago
Sir,<br><br>I learned real quick not to mention my NG duties during an interview, unless I absolutely needed to and I knew it would be in my best interest to do so. The first few companies I interviewed with, I did so leading with my leadership experience in the Guard - I either never got a call back, or the companies started finding other reasons not to hire me, once they understood the possibility of me being absent for military duty (which is actually quite common with all the MUTA 6's and AT that CA ARNG seems to have).<br><br>My last two jobs with Fortune 500 companies have all been a combination of keeping my military duties quiet, and having the fortune to work for companies/bosses who have been very supportive of military service. My last manager was a Eagle Scout troopleader, while my current manager was prior service Army during the OIF period. HP also has an extremely accommodating HR policy on being absent for military duty, going above and beyond the federally-mandated "keep the job" requirement that we reservists depend on IOT keep a living before/after military absences.<br><br>Military obligation is nothing like maternity leave - employers know that females will only have one or two examples where they need to take it, while with reservists, they have no idea how often, nor how long, their employees will be gone during critical points of the fiscal year. Even now, with my current job, with all the layoffs going on, there's always a possibility that my name might go on the chopping block, for the simple reason that I've needed to submit no less than 10 notifications for military leave in the past year. Who is my employer going to keep: the reservist who takes leave with little notice at least once a month, and two weeks in the summer, or the full-time civilian who can dedicate their working life to being there 100%?<br><br>Some SMs may say that hiding military obligation is shameful, but the truth of the matter is, unless you're AD, you've got to do what needs to get done in order to keep a living. I would definitely mention your military obligation at some point during the hiring process (you need to be able to go back and point to a time when you informed your employer of your need for military leave), but I would also equally advise not making your service a centrepiece of your interview.
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MAJ(P) Assistant Tradoc Capability Manager
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I have been asked that question and provided them a response indicating that this is always a possibility-it's part of being a military member; however, this cannot be a factor in determining hiring and that the Uniformed Services Employment and Reemployment Rights Act (USERRA) could provide additional information. I offered to provide them information if they liked as many employers are unfamiliar with these laws. I was offered the position but did not accept it (since I could tell they were probably not going to be the most 'military' friendly). I did start carrying a USERRA brochure when I have civilian interviews so I can provide it if the question arises. Since then I have gone the route of Fed. government employment.
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SSG Ralph Watkins
SSG Ralph Watkins
>1 y
I ran into problems after I got back from Iraq with health issues.  My employer had serious issues & asked the same questions.  I even gave the same info on USERRA.  When they continued to hound me, I asked if they read what I gave them & they blew me off.  And guess what.  I worked for the VA.  Now the issue is even bigger with a formal investigation going on into discrimination.  They could have saved face earlier in the game if they adhered to the law.  Word of advice to folks, make sure to file an official complaint & hold on like a pit bull.  They will keep on screwing over vets as long as they don't have to answer for it.

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CSM Chris McKeown
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Here is a good and probably accurate answer. ( Well I don't think I have to worry about that as long as President Obama is in office.)
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CW3 Nick Vigil
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Almost want to see this type of question is derogatory. Will say it appears prejudicial at least and it seems would be a violation of the Soldier Sailor Act. I am not a lawyer or legal aid. Maybe a question for a state's attorney who will refer to the state labor board.
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