Posted on May 6, 2019
How can I get my small/private employer to support my service in the USAR?
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I'm struggling to get my current employer to support my service in the USAR. No violations of USERRA yet (that I know of) but they made it clear in my otherwise stellar annual review that I am out of office too much for "military stuff". I quickly countered as over the last 12 calendar months I have only technically missed 5 work days for AT, and have taken less than what we are allowed for vacation over that same time period.
I know that per USERRA they cannot count my AT days as vacation, yet they are also under no obligation to pay me for that time either. I offered this as a potential way to resolve this issue, to which they said it is not a pay issue as much as just a matter of time as we are a very small firm (4.5 employees) so when any one of us is gone it significantly impacts our operations.
I feel very strongly about this topic for a number of reasons - 15 year of service so far and am of course planning to stay until at least 20. I have made choices in my Reserve service to try to dial back to less demanding roles so I could focus more on my primary career and family etc. One of the main reasons I am even able to work for such a small firm (with very limited benefits) is due to having access to Tricare Reserve Select. Our firm was founded by a West Point grad, one of our owners is a grad (who was also in the Guard at one point), I'm a grad and I'd say 1/3 of our clients have a military background so this is hypocritical in my opinion.
Any thoughts on how to handle this - specifically from those in a similar situation (i.e. small private company)? I'd prefer not to file a dispute with ESGR if possible, or at least not yet.
I know that per USERRA they cannot count my AT days as vacation, yet they are also under no obligation to pay me for that time either. I offered this as a potential way to resolve this issue, to which they said it is not a pay issue as much as just a matter of time as we are a very small firm (4.5 employees) so when any one of us is gone it significantly impacts our operations.
I feel very strongly about this topic for a number of reasons - 15 year of service so far and am of course planning to stay until at least 20. I have made choices in my Reserve service to try to dial back to less demanding roles so I could focus more on my primary career and family etc. One of the main reasons I am even able to work for such a small firm (with very limited benefits) is due to having access to Tricare Reserve Select. Our firm was founded by a West Point grad, one of our owners is a grad (who was also in the Guard at one point), I'm a grad and I'd say 1/3 of our clients have a military background so this is hypocritical in my opinion.
Any thoughts on how to handle this - specifically from those in a similar situation (i.e. small private company)? I'd prefer not to file a dispute with ESGR if possible, or at least not yet.
Edited >1 y ago
Posted >1 y ago
Responses: 2
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Well, if you're not willing to bring ESGR in (one of their strengths is in areas of education for employers, not just confrontation), I don't know what to tell you, other than to document all issues you're having in case things go south. Working for Uncle Sam gave me a measure of cover when I was in the Reserves, but I knew many a soldier who found themselves on the short-end of the stick with their civilian employer, regardless of USERRA.
Good luck.
Good luck.
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MAJ (Join to see)
Thanks SGT Dave Tracy - I may end up using ESGR to mediate the dispute informally but want to give the situation more time to develop first to make sure I'm not jumping the gun.
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ESGR is not only for mediating USERRA violations. Our name is "Employer Support" of the Guard and Reserve. Much of our mission is to gain and maintain the support of civilian employers. We have an entire system of awards, all the way up to the "Freedom Award" given by the Sec Def. We also have "boss lifts" and "breakfast with the boss" where we have unit reps/commanders interact with Employers. In my experience, "boss lifts" are especially helpful in getting employers to understand the contributions, and sacrifice, of RC servicemembers when they train and are deployed. We also have "statements of support" where an ER will sign a certificate supporting the RC servicemembers and they can display it for the public to see. There are resources available to ERs on our website, and we often give briefings/training on USERRA to ERs. Contact your local ESGR reps to see what may be a good option.
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