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Good afternoon fellow brethren. I have a huge question as I am unsure how to pursue this. I recently came back from a 10 month LOA from my civilian job for training to be a 25B. Upon return I recieved my current civilian job back. However, there was a promotion for a department that I was trained in, and I was denied the promotion due to the other applicant having participated in projects and opportunities that where not available to me before my leave. I am deeply frustrated with this as I was the only person that wasn't in this department that is trained for it in the entire company, as everyone else trained got hired in during my leave.
Posted in these groups: 
Job/Skill Training
Job/Skill Training
Posted 6 y ago
Responses: 9
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It doesn't sound to me like you have a case. You were gone. The other person got the projects at least partially cause you were physically not there. Those projects were used as a criteria for the promotion. 'NOT BEING THERE' isn't discrimination. You chose to serve, and in life you have to pick what your priorities are. I could be making a whole bunch more money than I am now, but I chose to serve, and now I have to work my way up in the civilian world. It's not discrimination. It's just how it is.
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Tim, a lot of quarterbacks on here...
See section C., you might have a fight. If you are in good standing with the company, inquire through HR. If not, call the Department of Labor. They can make the inquiry for you sometimes in pursuant to the labor laws. Just be mindful that shit rolls down hill!
C. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION
If you:
Are a past or present member of the uniformed service;
Have applied for membership in the uniformed service; or
Are obligated to serve in the uniformed service;
then an employer may not deny you
Initial employment;
Reemployment;
Retention in employment;
Promotion; or
Any benefit of employment.
https://www.federalregister.gov/documents/2005/12/19/05-23960/notice-of-rights-and-duties-under-the-uniformed-services-employment-and-reemployment-rights-act
See section C., you might have a fight. If you are in good standing with the company, inquire through HR. If not, call the Department of Labor. They can make the inquiry for you sometimes in pursuant to the labor laws. Just be mindful that shit rolls down hill!
C. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION
If you:
Are a past or present member of the uniformed service;
Have applied for membership in the uniformed service; or
Are obligated to serve in the uniformed service;
then an employer may not deny you
Initial employment;
Reemployment;
Retention in employment;
Promotion; or
Any benefit of employment.
https://www.federalregister.gov/documents/2005/12/19/05-23960/notice-of-rights-and-duties-under-the-uniformed-services-employment-and-reemployment-rights-act
Notice of Rights and Duties Under the Uniformed Services Employment and Reemployment Rights Act
On March 10, 2005, the Veterans' Employment and Training Service (VETS) of the Department of Labor (Department or DOL) issued an interim final rule to implement a requirement of the Veterans Benefits Improvement Act of 2004 (VBIA), Public Law 108-454 (Dec. 10, 2004). The VBIA amended the...
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SPC (Join to see)
SGT Jim Ramge, MBA I greatly appreciate your input. Upon further digging and research the "escalator principle" applies in this situation, at least in part. Because this particular promotion had 3 additional promotional opportunities while I was on leave, the first opportunity could have been used as a reasonable certainty that i would have recieved the job as I was recently trained for the position less than 3 months prior to the opening of the position. In addition during my leave any other employee that was trained for this position recieved the position during 1 of the 3 additional instances. Therefore the escalator principle would apply to my situation. I do greatly appreciate your help as your comment was the top of the rabbit hole to find the information and my company's HR is pleased I went to them as opposed to filing the USERRA complaint with VETS.
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SPC (Join to see)
SPC (Join to see) might I add I did wait until the other employee started their new position so that they still get what they where told the would receive. My company has policies in place to prevent them from being removed from the position once granted as well.
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Sergeant I just wanted to personally thank you your post lead me down the rabbit hole that gave me the information needed to have this done the job end up in my favor thank you so much
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SGT Jim Ramge, MBA
SPC (Join to see) Sure thing Timothy, that why this site was built - another way to help troops such as yourself! P.S. Just Jim now, long since been retired.
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Just an update, after several months on inquiries I recieved the position as well as the other person. My job agreed that I should have been in that position and ended up with a $3/hour raise.
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