Posted on Oct 5, 2016
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SGM Mikel Dawson
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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.
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PO1 President
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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.
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1SG Civil Affairs Specialist
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Where are you at in MN?
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SSG Thomas Trutt
SSG Thomas Trutt
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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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CAPT Kevin B.
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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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SPC Member
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That blatant and nothing, I'm glad I'm both feet in on leaving Sir.
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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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I have an update on the situation.

I was going to be demoted and kept at the same rate of pay after the demotion, however I ended up in a meeting with the District Manager and my General Manager and I was not demoted. I will be evaluated in 2-3 weeks to determine if my skills and work ethic are in line with being part of the management team. If the DM decides they are then nothing changes, if they are not then I am demoted and keep my rate of pay.

Nothing in the meeting guaranteed hours, prior to this meeting as I understand the DM had a meeting with HR. So I'm assuming that he met with HR or HR contacted him about this because I wasn't tracking that he was even going to be at the meeting about my hours and demotion.

Thank you for all of your advice and support, and good fortune to you, your families, and in everything that you pursue.
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1SG Civil Affairs Specialist
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Good luck, SPC (Join to see).
Let me know if you run into more problems and I'll try and steer you the right way.
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SGT Dave Tracy
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On the face of it, it sounds like they violated USERRA. And most of us in the Reserves and NG either have been worked over by employers in violation of the law or know someone who has. That said, it's much easier to "know" something, than it is to "prove" it.

Good luck.
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1SG Civil Affairs Specialist
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Depends.
Your employer is obligated to allow you to attend drills and AT, with proper notification. They are also required to hold your position or a "like" position for you to return to post-deployment.
ADOS however is sometimes neither of those protected sets of orders. If it was CO-ADOS (Support for contingency operations) you are likely protected; if it was ADOS-HSS (home station support) it may well not be protected by USERRA.
Check out the ESGR site for an ombudsman to help you determine your rights.
http://www.esgr.mil/USERRA/USERRA-Contact.aspx
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PO1 President
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Any type of orders are protected under USERRA, regardless of voluntary or involuntary. But you have to give your employer as much notice as possible so they can make arrangements while you are absent. Failure to notify them will give them the ability to terminate your employment.
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1SG Civil Affairs Specialist
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PO1 (Join to see) - This is not necessarily true. The provision for reemployment contains a limit of 5 cumulative years of service on active duty as well as the following that smaller employers use fairly frequently:

An employer is not required to reemploy a person if:
the employer's circumstances have so changed as to make such reemployment impossible or unreasonable; in the case of a person entitled to reemployment that would impose an undue hardship on the employer; or
the employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.
In any proceeding involving an issue of whether:
any reemployment referred to is impossible or unreasonable because of a change in an employer's circumstances, any accommodation, training, or effort referred that would impose an undue hardship on the employer, or the employment is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period, the employer shall have the burden of proving the impossibility or unreasonableness, undue hardship, or the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period.
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Sgt Mathew Meyer
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ESGR Ombudsman Director/ESGR National Trainer/Attorney here.
There simply is not enough information here. The question is whether you would have been demoted and had your hours cut had you remained continuously employed during ADOS. You may have heard of the "escalator principle," which is applied to determining your reemployment position following uniformed service. This is the position (pay, seniority, and status) you would have been reasonably certain to have attained had you remained continuously employed during your uniformed service. An escalator, by definition, may go down. So if, as a result of reorganization, layoffs, restructuring, etc., your position would have been so changed even if you remained continuously employed (and not a result of unlawful discrimination based upon your uniformed service), the reemployment position would be the demotion, unemployment, or whatever you the status would have been.
If that is NOT the case, and you were demoted and your hours cut back because they "really liked your replacement" or they didn't want to deal with your service obligations in the future, that is ILLEGAL. Note that under Section 4312, which is the reemployment section of USERRA, you do not have to prove discriminatory animus based upon your uniformed service, such as you do with Section 4311 discrimination claims. If you were entitled to the escalator position, and they instead reemployed you in a lesser position, they violated USERRA. Period.
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SSG Thomas Trutt
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There's a lot of rules regarding this, you have to be given a position that not only has the same pay but equivalent duties and responsibilities. However, if the company did something that was company wide versus specific to you, it's covered. For example, if they got rid of all IT positions and started using contractors they do not have to give you a similar position.

You could have a case here, or you could not, your first stop should be to a lawyer specializing in employment law. USERRA itself is pretty ineffective from what I've seen, but that doesn't mean there aren't dozens of lawyers willing to help you file a lawsuit on your own.

That said, the first step should probably be to go to your boss, your company HR, and your union rep if you have one and see if the issue can be resolved at the lowest level. Don't threaten, just bring up the facts, and document everything that's said with recordings if possible or get written statements. That way if you do need to go to court you have evidence. Also, regardless of what happens here - I'd start looking for a new job, because if your company pulls some shady stuff like this on a Soldier, imagine what it will be like to work there without employment protection.
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I have copies of all of my orders for ADOS, AT, and Drill Weekends and give them as advanced notice as I am able. When I left for ADOS I gave them a memo, copy of orders, and a notation in the day off log at work. I get back and I am not on the Manager Roster, I'm on the Crew Roster and my hours were cut to 15.5 for the week. On the day of my first shift back they called me and cancelled my shift so now I'm at 11.5 for the week.

Is this okay? Is this a violation of USERRA?

I'm looking for a new job anyway but I have bills to pay in the mean time.
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MSG Intermediate Care Technician
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This sounds like a violation of USERRA. Contact the Dept of Labor. They can provide legal advice and legal action free of charge for cases such as this.
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SPC Erich Guenther
SPC Erich Guenther
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I thought the National Guard had a uniformed MAJ or LTC that handles these issues. Use the contact phone number in the attached for questions on what to do as well.

http://www.esgr.mil/USERRA/USERRA-Contact.aspx
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MSG Mechanic 2nd
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after violating your title 10 rights do you really want to go back, you now have a target on your back if you win only matter of time, check your options for a civil case, hit em were it hurts pocket, money
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