Posted on Oct 26, 2017
What is the earliest you can give your job notice of your departure to active duty or training in order for them to hold your job?
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MSG Floyd Williams
If you don't have orders yet still let your employer know in advance, it is critical to have orders to protect you from losing your job after serving.
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I have stuck by the principle that as soon as I am handed orders, my civilian has a copy within an hour.
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I am not sure I understand the question. The USERRA stipulates that you need to give advance notice of training or military service that will take you away from your workplace duties. It doesn't matter if it's 1 year away or 1 week away.
In fact- (b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.
However 30 days is typically the latest I would give notice just to maintain good working relationship with my employer. But you have highlighted EARLIEST. Are you afraid that if you give notice of service too early they will find a way to cut your job? Can you explain your concerns better?
In fact- (b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.
However 30 days is typically the latest I would give notice just to maintain good working relationship with my employer. But you have highlighted EARLIEST. Are you afraid that if you give notice of service too early they will find a way to cut your job? Can you explain your concerns better?
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SPC (Join to see)
Something to ask... How important is the part time job? If it's at a restaurant and you don't need it for financial security, consider quitting if they won't work with you easily enough. You're also Reserves though and you can get your job back with them if you work with them with USERRA.
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Didn't see that you were going Active.
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Didn't see that you were going Active.
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CW3 Harvey K.
2LT (Join to see) - FULL-time at work and school full-time also. You're not busy, you are frantic!
So you are going on extended active duty, not just a limited training tour. O K, it still boils down to how things sit with you and your employer. If you give them plenty of notice, feeling you can trust them, it wont matter much to them if you leave a few weeks before you absolutely have to leave.
A lot will depend on how good a replacement they find for you. My son took a LOA, and had no trouble getting his job back. The temp they hired as a replacement did not work out well.
So you are going on extended active duty, not just a limited training tour. O K, it still boils down to how things sit with you and your employer. If you give them plenty of notice, feeling you can trust them, it wont matter much to them if you leave a few weeks before you absolutely have to leave.
A lot will depend on how good a replacement they find for you. My son took a LOA, and had no trouble getting his job back. The temp they hired as a replacement did not work out well.
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2LT (Join to see)
CW3 Harvey K. -Yes I know, I have a lot going on. I attempted to get a leave of absence but since we're short staffed it was denied. I am going active duty again per passing training hence my question on RP.
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1SG (Join to see)
2LT (Join to see) I don't know if you can say what you are training for. Are you talking about basic training? I am trying to understand what kind of pre-training you feel you need to do. If it is basic training, there is a general level of fitness that the drill sergeants assume and a carefully planned fitness regime that they follow. Other then running a few miles every week, I would recommend about 30 minutes of core work 2-3 times a week.
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I've lost a job from my military commitments. If you fear they will cut your position BEFORE you deploy in order for them to skirt the law, then wait until a few weeks prior to your call up, ensure you have written orders, present those orders in writing...and -- if you REALLY don't trust them and if needs be -- submit your notice through the office of a good attorney who specializes in HR law.
If this is the kind of ungrateful employer you serve, then my recommendation is to find someone else to work for.
At present, I work for an awesome company that "gets it." I would easily provide them notice ASAP (over 12 months out) without concern for my position when I got back.
If this is the kind of ungrateful employer you serve, then my recommendation is to find someone else to work for.
At present, I work for an awesome company that "gets it." I would easily provide them notice ASAP (over 12 months out) without concern for my position when I got back.
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MSG Brad Sand
LTC John Wilson
Sir, the law does protect you but it also becomes a choice of if you want to pursue such legal action and want to keep your job with such an employer?
Additionally, Active Duty employers are required to maintain the positions for those soldiers enlisting for their initial period of active duty.
Sir, the law does protect you but it also becomes a choice of if you want to pursue such legal action and want to keep your job with such an employer?
Additionally, Active Duty employers are required to maintain the positions for those soldiers enlisting for their initial period of active duty.
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LTC John Wilson
In my particular case, MSG Sand, the employer did not appreciate my lawful challenges to their illegal polices concerning treatment of reserve training and emergency call ups. They backed off and then rigged up alternative means to terminate my employment.
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Do you really mean the latest? While I gave my employer notice as soon as I got orders in my hands, you could tell them the same day you leave and as long as it is documented, your covered. http://www.military.com/benefits/military-legal-matters/userra/userra-reemployment-protection-explained.html
USERRA Reemployment Protection Explained
The law gives protection to any person whose absence from their job is caused by recall to active duty service.
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Some states do not have to keep your job. Any state that is an “at will” state can fire you for any reason and do not have to keep your job for you when you return. Although you are supposed to have certain protections as a service member you will likely face an uphill battle and still lose your job. This being the case I would encourage you to let your employer know as soon as possible and try and build as good a relationship as you can beforehand.
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If you like them and respect them, then the minute you get your orders so they can prepare. If you think they will can you, then a week's notice perhaps.
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