Posted on Sep 21, 2014
Does your civillian employer require to work around drill schedule when in the National Guard?
23.4K
28
35
8
8
0
I recently got terminated from my job because my supervisor refuses to work around my drill schedule. I work at a Food Processing Plant and about this time we work weekends do we can get the food shipped to the store. When I told her that I was drill every month or going to be out for 3 days beginning in November, February (2015), and in June ( for annual training) plus I have appointment and visit a counselor every month as well and trying to go to school at the same time. I can tell that it wasn't sitting well with her and her supervisor. I also informed her that when I'm on orders it takes presence over everything and need to get to my designated place. My question is are there jobs out there that works around this whole ordeal going on? The reason I went to that particular food plant because the owner has a culinary class at Nichollas State so it wont be hard when I convert over to his school.
I'm trying to get in contact with the owner of the plant but he is never in his office. His secretary claimed that she emailed him the situation and I don't know if he is going to call me or what regarding the matter but I'm going to keep calling until he hear me out.
I'm trying to get in contact with the owner of the plant but he is never in his office. His secretary claimed that she emailed him the situation and I don't know if he is going to call me or what regarding the matter but I'm going to keep calling until he hear me out.
Army National Guard
Employment
College
Edited >1 y ago
Posted >1 y ago
Responses: 23
0
0
0
There is a Soldier Act that prohibits an employer from firing you. If you bring it up, you can probably get your job back, but why would you if they already fired you.
(0)
(0)
0
0
0
SPC Chelsea Fernandez - First, an employer firing you because of your military status is against the law. Look at http://www.dol.gov/compliance/laws/comp-userra.htm.
Second, make a complaint with the Department of Labor for the violation of USERRA by your employer. The DOL takes these violations very seriously. I would also bet that the employer would then make an actual attempt to discuss the situation with you.
Third, I would look at http://www.usajobs.gov for federal opportunities. There are also plenty of job boards within your state that will list available position within the state for state agencies.
Fourth, most importantly, have a talk with JAG for any further options to this situation.
Second, make a complaint with the Department of Labor for the violation of USERRA by your employer. The DOL takes these violations very seriously. I would also bet that the employer would then make an actual attempt to discuss the situation with you.
Third, I would look at http://www.usajobs.gov for federal opportunities. There are also plenty of job boards within your state that will list available position within the state for state agencies.
Fourth, most importantly, have a talk with JAG for any further options to this situation.
(0)
(0)
0
0
0
You should contact your local JAG office (nearest one) and ask to be put in touch with the hearest Local Support for Guard and Reserve liason. You are supposed to be protected through the Soldiers and Sailors Protection and Relief Act. Also, at a minimum, while waiting on that your NG CoC should be assisting you. Best of Luck!
(0)
(0)
SGT Javier Silva
SFC Dave Joslin - I would like to mention that the Soldiers' and Sailors' Civil Relief Act, has to do more with financial obligations than with a labor complaints.
(0)
(0)
SFC Dave Joslin
I stand corrected. It's USERRA (Uniformed Services Employment and Reemployment Rights Act) that I was thinking of.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google