Does anybody have any advice on being 'let go' due to AT?

PFC Private RallyPoint Member — Mon, 27 Nov 2017 09:45:53 -0500

So im in a bit of a situation with my current employer and the current contract I am on. I have surpassed my 'hire' hours by quite a bit, but the only reason they refuse to hire me on full time is due to two upcoming AT's, in February and April. I am in good standing with the company, I am also located in Iowa.

Looking for any advice on this issue, thanks in advance!

Response by SPC Private RallyPoint Member made Nov 27 at 2017 10:11 AM

SPC Private RallyPoint Member — Mon, 27 Nov 2017 10:11:36 -0500

Sounds like a USERRA question. I'd talk with your first line and get with ESGR to get some concrete answers.

Response by SMSgt Lawrence McCarter made Nov 27 at 2017 10:42 AM

SMSgt Lawrence McCarter — Mon, 27 Nov 2017 10:42:27 -0500

For a permanent employee the Uniformed Service Employment and Re-employment act , 38USC, Section 431-4333 applied and requires return to job without loss of seniority and employment protection including pay rate for permanent employees called to active duty including AT or order longer terms. A temporary employee doesn't have the same rights to this employment protection although it sound like discrimination to me on the part of the employer but then I'm not a legal expert. I'm certainly glad I never had to deal with an employer like that.

Response by CPT Lawrence Cable made Nov 27 at 2017 10:47 AM

CPT Lawrence Cable — Mon, 27 Nov 2017 10:47:00 -0500

Are you a contract employee right now? There isn't a lot that USERRA has to say about contracted employees since it effectively means you are self employed. If you are temporary to hire and have surpassed the time frame when they are supposed to make a decision, that may be a different story. PV2 Benjamin has the right idea, get with you section leader and have him/her arrange for you to see the ESGR to see if they could intervene.

Response by Lt Col Jim Coe made Nov 27 at 2017 11:16 AM

Lt Col Jim Coe — Mon, 27 Nov 2017 11:16:41 -0500

Private companies make contract or project decisions based primarily on profit. Depending on the type of contract you were hired under, they may make more or less money when you work more hours than you were hired to work. I don't know which it is, so I can't comment on this aspect of your employment. Contracts with individuals often depend on the knowledge, skills, and abilities they bring to the project. If the work is a time-and-materials or cost-plus situation, then the company makes money for every billable hour you work. If they know you won't be available during some project performance months, then you won't be making them any money. They may look elsewhere for an employee who can offer a higher number of billable hours.

My recommendation is to keep in good standing with this company, but look elsewhere also. Some companies are very veteran and Reserve Component friendly while other do the minimum to comply with law. Government contractors are often the most friendly and apt to have programs that require supervisors and managers to work with you on your Guard obligations. Also, being a State or Federal Government employee usually guarantees that you will get time off for your Guard duty time and usually get paid your regular salary while on duty.

Response by MAJ Private RallyPoint Member made Nov 27 at 2017 11:20 AM

MAJ Private RallyPoint Member — Mon, 27 Nov 2017 11:20:13 -0500

I'm confused by your statements as there are some key words that legalese language will interpret differently, are you an employee (the business pays your portion of employment taxes), are you a 1099 contracted individual (you pay the IRS directly), or are you a temp/term employee? Also how do you know "the only reason they refuse to hire me on full time is due to two upcoming AT's?" That statement is highly subjective and you need proof before USERRA will act in your behalf. As Iowa is a right to work state USERRA is very difficult to prove as the company doesn't need to give you a reason they can fire you for any reason or no reason at all.

FYI I lost two jobs due to deployments (at least came home to no job) I also had several employers openly state they'd hire me if I quit the reserves. My best advice is to find a better job, with an employer who will work with you rather than make your life miserable.

Response by SMSgt Thor Merich made Nov 27 at 2017 12:13 PM

SMSgt Thor Merich — Mon, 27 Nov 2017 12:13:28 -0500

You are in a tough position. The best solution is to find a government job (local, state or Fed) as they tend to be most Guard/Reserve friendly. And even then you can still have bosses that make being in the Guard/Reserve difficult.

Based on what very little info you provided, you may not fall within USERRA. Familiarize yourself with the law and any state laws that might apply also. Many states have laws in addition to USERRA that could assist you.

Also, talk to your unit. Are both AT’s required or do you have other options? Having a successful Guard/Reserve career requires compromising from both your civilian employer and the unit.

Be the best employee that you can be. Show up early and stay late. Make yourself so valuable that your employer is willing to work with you when it comes to your military commitments. If you are an average employee why should they make accommodations for you?

Good luck to you.

Response by CPT Chris Loomis made Nov 27 at 2017 1:09 PM

CPT Chris Loomis — Mon, 27 Nov 2017 13:09:14 -0500

Do you have their reason for not permanently employing you in writing????

Response by Maj John Bell made Nov 27 at 2017 1:16 PM

Maj John Bell — Mon, 27 Nov 2017 13:16:26 -0500

Sure would appreciate it if you youngsters would spell out the abbreviations the first time you use them in a post. Your alphabet soup is not my old alphabet soup. What is an AT?

Response by MSG Brad Sand made Nov 27 at 2017 1:31 PM

MSG Brad Sand — Mon, 27 Nov 2017 13:31:20 -0500

PFC Private RallyPoint Member Call the Department of Labor. They can help your employer come up to date on the law.