USERRA

[pascol1]

I applied to go back active duty and was finally accepted. However, in the process of applying for active duty, I was also offered employment from a great company. I found out that under the USERRA law, I can still perform 5 years of military duty. Additionally, the company does have an obligation to hold my position for me while I am away during that period. Has anyone ever seen this happen where someone gets active duty and the company still holds that person’s position?

 

[bubblehead]

If you are currently working for the company and accept military orders, the company has certain obligations. This is a good resource:

https://www.esgr.mil/

You were "offered the job." Did you accept? Are you already in receipt of your military orders?

 

[Renegade One]

Just not sure that an "offer of employment" triggers the same obligations on the part of the would-be employer.

 

[pascol1]

I signed the offer agreement with the benefits and salary and sign on bonus.

 

[pascol1]

Do you mean that I would have to actually start working already on day 1 for them to have any obligations?

 

[Flash]

There is an ethical consideration as well, are you doing the right thing by taking orders and leaving your company possibly holding the bag for up to 5 years? There are a few times that it may make sense for you and/or your civilian employer but in most cases it probably doesn't, and it could mark you as 'that guy' at your civilian employer.

 

[Pags]

So you've told the company that you plan on working for them and are going to take the signing bonuses but don't plan on actually doing any work prior to voluntarily disappearing back to USN? Sounds like dirty pool to me and I'd say acts like this would result in a negative reputation at best. Why did you interview with the company and then sign on to work for them if you already planned to return to active duty?

 

[pascol1]

I was applying for another job because I was already working a job where I was not making ends meet at all. Afterwards, my recruiter called me to let me know that I was accepted to go back active duty. Then, I was called for an interview for the job I applied for. Shortly after that, I was given the offer. That was the order of events. I applied to the company before I was accepted for active duty.

 

[HAL Pilot]

Yeah but you interviewed and accepted after you were told by the recruiter you were accepted to go back to active duty. You could have been honest and turned down the interview while telling them you're going back on active duty. You have no integrity, and are a dishonest person.

 

[Gatordev]

That was the order of events. I applied to the company before I was accepted for active duty.

But you accepted the offer after being accepted to the Navy. No one is giving you a hard time about interviewing, it's that you said you've accepted their offer after knowing you were going on Active Duty. That's why many here are giving you the feedback that you don't seem to be appreciating.

 

[nittany03]

You don’t get to pull USERRA unless you were called to active duty after you started work. It’s designed to protect reservists who actually need the top cover from employers who may not necessarily be military-friendly. I’m not a lawyer, but accepting an offer with orders in hand, then trying to pull the USERRA card is probably illegal. I don’t know enough about the law to know if it’s fraud or not. But in my layman’s opinion, it’s unethical as hell.

 

[peppergunner]

Have you spent the signing bonus already?

 

[Uncle Fester]

 

[exNavyOffRec]

You don’t get to pull USERRA unless you were called to active duty after you started work. It’s designed to protect reservists who actually need the top cover from employers who may not necessarily be military-friendly. I’m not a lawyer, but accepting an offer with orders in hand, then trying to pull the USERRA card is probably illegal. I don’t know enough about the law to know if it’s fraud or not. But in my layman’s opinion, it’s unethical as hell.

from what I can find on the HR side I would agree with you, it is designed to protect those who are working at a company and THEN volunteer or are called up, accepting an offer to go on AD then accepting an offer at another employer from what I can see would mean USERRA would not apply in this circumstance. I think @pascol1 put the cart before the horse.

 

[GroundPounder]

You are the reason someone, somewhere right now is ( illegally ) not being hired due to being in the Guard or Reserve.