Posted on Oct 5, 2016
Is it a violation of USERRA if my civilian job demoted me during ADOS and cut my hours when I got back?
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Posted 8 y ago
Responses: 9
I know they must give you your position back, but I've never read about getting the same amount of hours again.
I had a company not give me my job back once. I went to the Veterans Reemployment Rights. They took the telephone numbers and such. Early the next morning I received a call from the company VP requesting my presents. The trucking firm I worked for hauled a lot of government goods and they could have lost all their government contracts. I was told to report to work the following Monday, the VP insured I also had a couple extra week days to take care of business. He understood where his bread was buttered.
I had a company not give me my job back once. I went to the Veterans Reemployment Rights. They took the telephone numbers and such. Early the next morning I received a call from the company VP requesting my presents. The trucking firm I worked for hauled a lot of government goods and they could have lost all their government contracts. I was told to report to work the following Monday, the VP insured I also had a couple extra week days to take care of business. He understood where his bread was buttered.
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When you return to work you are supposed to have the same position or equivalent and no loss of seniority. Sounds like they are trying to get you to quit because if they terminate you it's a guaranteed violation of USERRA. Cutting hours isn't a violation but being demoted is. If you are going to pursue USERRA then make sure you have all documentation and stay on top of it.
If you ever decide to move to MN look me up. I'll hire you in a heart beat.
If you ever decide to move to MN look me up. I'll hire you in a heart beat.
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SSG Thomas Trutt
Cutting hours might not be a USERRA violation, but it could still be a discrimination issue based on his veteran status. Of course we don't know if the lower hours are related to his demotion or if the entire company is having hours cut, but if it's "just him" that is being targeted, and there's no valid performance or availability issues I know most lawyers would jump on that case quick.
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If it is, the real problem is in getting DoJ to take it on. Their performance in enforcement in this area is abysmal. I had a recalled SM fired while on AD and his letter stated he was fired because he was a Reservist. DoJ didn't bite on that either. Good luck.
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