Is my employer allowed to reduce my status (full time to part time) due to my military drill schedule?

2019-01-18T01:50:17-05:00

I informed them verbally and in writing (resume and application) that I was part of the Reserves, they hired me, and all of a sudden cut my hours because they didn’t realize “it was this many dates,” I’m just wondering if they’re allowed to do this? I really don’t want a part time job.

Response by SSgt Jim Gilmore made Jan 18 at 2019 2:01 AM

2019-01-18T02:01:57-05:00

I would speak to the JAG over this. I do not know your employers side but on the surface it appears to be job discrimination.

Response by LTC Private RallyPoint Member made Jan 18 at 2019 2:04 AM

2019-01-18T02:04:32-05:00

If you are under probation because you are a new hire, then they have the right to cut your hours. I never really was much of a union person until my employer told me to choose between my job and the Army National Guard. Even though you have the employer support of the guard and Reserve, they can still mess with you like what's happening now. When I was mobilized for one year Homeland Security under operation Noble eagle, it was great to get away from my employer and all the stress. I then decided not to go back and I joined the Idaho Army National Guard and volunteered to go to Iraq in 2004 and 2005. After that mission was over, I decided to move to Canada. I had met my future wife while on military leave in Las Vegas, Nevada. Because of moving to Canada, I ended up working for United Parcel Service in Canada. They have a Teamsters Union and they hired me knowing I was an army officer. My employer only asks for a one month's notice for any training I have. Just after I finishec probation in 2008, I inform my employer that I was being mobilized to go to Afghanistan with my Army reserve unit. My job was protected. Hopefully others here can give some advice.

Response by SMSgt Thor Merich made Jan 18 at 2019 2:24 AM

2019-01-18T02:24:07-05:00

Your employees actions may a violation of USERRA. I would speak to someone in JAG. However, in the long run it might be easier to find a new job.

Response by SSG Private RallyPoint Member made Jan 18 at 2019 2:47 AM

2019-01-18T02:47:53-05:00

Something similar happened to me. I started a job and worked 39 hours week. Then I had to go to school to reclass for 4 months and when I came back, I wasn’t ever scheduled for more than 30 hours. I didn’t bother to make a big deal about it because I was leaving for Afghanistan a few months later. I could have probably ended up with a soldi case though.

Response by CPT Private RallyPoint Member made Jan 18 at 2019 5:54 AM

2019-01-18T05:54:25-05:00

No. As I understand the law they may not be required to hold that exact same job for you, but one that is equivalent with the same pay is required. Nevertheless I am far from an expert. Contact your command and ask them who you should contact.

Response by MAJ Private RallyPoint Member made Jan 18 at 2019 7:57 AM

2019-01-18T07:57:37-05:00

This doesn't pass the smell test. Contact esgr immediately at esgr.mil, and they will talk to your employer on your behalf.

Response by LTC John Mohor made Jan 18 at 2019 10:09 AM

2019-01-18T10:09:38-05:00

ESGR and USERRA are your two best areas to look into. They bothe are advocates of the law. The second explains the law in pretty good detail ROA Reserve Officers Association has been a strong advocate for reservists employment rights for all the uniformed services. Recommend you look into all the sources as well as check with your Chain of Command. You also have to factor in the is this worth it factor as well if it goes deeper than just employer ignorance. Good luck!

Response by COL Mikel J. Burroughs made Jan 18 at 2019 10:16 AM

2019-01-18T10:16:29-05:00

Briana Merritt There have been a lot of good comments provided below that you shoudl look into. Are you in the Reserves or National Guard? You should update your profile to refect that you're in the military and verify your service here on RallyPoint, all service members are welcome and encouraged to be a part of RallyPoint. Join the community!

Response by CPT Private RallyPoint Member made Jan 18 at 2019 12:22 PM

2019-01-18T12:22:52-05:00

I actually lost a job in 1989 due to being deployed down South. Things are better today that back then.

Response by LTC John Shaw made Jan 19 at 2019 11:12 AM

2019-01-19T11:12:02-05:00

Briana Merritt You are best to discuss the issue with your supervisor and unit command / management chain. The unit commander can provide a letter to the employer on what the planned training is for the year, this is what I did to allow you to have a conversation.
If they still continue to schedule you for part time hours, then reach out to ESGR rep to call the owner / supervisor.
Worst case you can look for military friendly employers in the area.

Response by COL William Oseles made Jan 25 at 2019 5:57 PM

2019-01-25T17:57:17-05:00

It is illegal for them to do that, unless you work for the FBI which will tell you cannot be in the FBI and Reserve for new hires.
One of our Reservist was in the FBI and he was always getting shit because of his Reserve Commitments, even when he was Selected for a Nominative Career Course.
He did a Tour in Afghanistan with the FBI and bitched when he came back because he was unarmed.

Response by 1SG Bill Farmerie made Jan 25 at 2019 11:16 PM

2019-01-25T23:16:55-05:00

You need to become very familiar with the USERRA law. They cannot use your drill status as a reason to reduce your hours. Most reserve and guard units give a class on USSERA to their people.