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DCOIC Gouge for those about to commission as a DCO

D

Deleted member 67144 scul

Guest
No, not quite. Employers are stepping into a very big minefield if they lay someone off who is mobilized or on some type of reserve duty, the fact that there is an agency whose sole purpose is to make sure that very thing doesn't happen to Guard and Reserve members ought to tell you how robust those protections are. Anecdotally I've known a lot of of reservists, from every branch, and not a single one lost their job due to a MOB.

I'm not the expert on Guard and Reserve reemployment or USERRA but I am going to hazard a guess that I know a hell of a lot more about them than you, and I certainly don't need a dissertation to explain it all either. Maybe it's time you got back in your lane.

First off, you're talking specifically about returning from MOBs. I'm talking about removing people in general in mass layoffs where people can get selected for any ridiculous reason because it's a companywide reduction in force and things gotta move.

Second, you know about my company and industry and other industries which do similar mass layoffs? You've experienced company-wide layoffs impacting 1,000s of people and the dynamics behind them? You've made decisions on who stays and who goes and have had to fight to keep people from getting impacted for the most ridiculous reasons imaginable (like a manager not liking someone for any silly personal reason because of how easy it is to get rid of people in these big layoffs)? You've personally known people who got picked for mass layoffs over other people because of their Reserve/Guard status (obviously spun like it was random selection by higher-ups or put forth as "your title/pay doesn't fit in with restructuring plans", but I've been on the inside of such discussions to know such explanations are typically BS)? If not, then I hate to admit it but you may be encroaching in my lane. Let's for a second forget about how the truth gets masked behind the "business needs" of mass layoffs, or people you have had no contact with. We have a user here bubblehead who got singled out in a past job in his third week due to his Reserve status. If that isn't a very extreme and obvious violation, I don't know what is.

With that said, there's evidently a misunderstanding. I think what you may be thinking I discussed singling people out. That's not what I'm talking about. I'm not even talking about some guy who just came back from a MOB, either. If you MOB and come back, USERRA protects you there, and it's very obvious what's going on if you get singled out and fired right after returning. Obviously there's going to be trouble if out-of-the-blue you're laying someone off, with or without a MOB. That's difficult to justify. I'm talking about something different.

I'm talking about executives and senior management looking at their portfolios and saying they need, for example, 30% reduction in force in these X departments across the company. When you have a purge like that, depends on the company (Amazon which was discussed to death in the work hours thread is a good example as they have regularly scheduled purges), but to some extent anything goes, and because so many people are being impacted all at once, any cut can be 'justified' by financial reasons (and to people affected, that's usually the only reason given even though it's very often more than that). Just months ago I had a few people laid off from my current team for the most inane reasons imaginable. One was for a basic design disagreement that was had with one of the leads about a year beforehand. You know why he wasn't laid off earlier? It's a lot harder to justify when you're singling someone out, even without any special legal protections like USERRA.

So when in the same companywide layoff, I found out a couple friends were laid off because of "cost cutting" (that was the official reason they were given), the reality of the matter was that their respective department leads were obviously given instructions to get rid of people and had to make difficult choices. When it came to "employees with 'normal' lives" and "guy who has a 'conflict of interest' second job and may leave to the Mideast for a year within the next 6 months", it was a very easy administrative decision for them to make. One of them, his direct manager told him about the "picking straws". The other asked around and eventually found out. Does that violate USERRA? Sure. But when the official story is "You were one of 20+ people laid off in your department alone out of a couple thousand people and has nothing to do with you personally", there's not much you can do with that, and did try too. What happened? They didn't have a good enough case to stand on because tons of people were getting cut and management were playing eeny, meeny, miny, moe half the time and it was within the scope of business strategy and all sorts of other "official" reasons. If no layoffs were going on and they were singled out, then that smells a lot more. Obviously, no management with have a brain would get rid of someone in that scenario. You do it when a clear opportunity, like a free-for-all mass layoff, arises.

Of course, there's a million other false excuses that can be had. "Your performance was slipping in recent months", "Higher-ups decided to outsource your work", etc. But forget about this layoff. I saw the same thing with reservists in prior layoffs also. It's shitty, but it happens. I've personally been involved in such layoff discussions (and there's obviously been discussions regarding me, as with everyone all the way up to the VP level). You know how crazy it can get? Have you ever had one of your bosses come to you, and ask you to say a name, and whatever name you say is getting put on that list? If not, then consider yourself lucky you don't work in an environment where you'd be foolish not to consistently watch your back. Maybe you're a GS? If so, you're as protected as protected gets and it entirely makes sense why you've had the experiences you've had. The government screwing over a government employee for working in 2 roles for the government makes no sense at all. Sometimes I make the joke that if I went to work for one of the SYSCOMs I'd never lose my job.
 
D

Deleted member 67144 scul

Guest
Sure, there were my friends, colleagues, acquaintances in the Reserve/Guard who have been affected at my company and other companies. I don't like to talk about myself, but let me take the gloves off and make this about me for a second. In this latest layoff I mentioned, my overall business unit's upper management were looking for "inconvenient" employees for easy pickings. I wasn't even sworn in yet at the time, but I came under the gun (due to needing a LOR and verification by my manager of my place of work and my background investigation, my team knew I had been applying for the Navy Reserve and by extension other people). In my direct team, I have very strong relations. There's no reason any of them would take action against me for anything.

But our higher-up superiors? Different story. So when they had people in my team talk to me, it was very obvious to me this wasn't about the "cost cutting". Fortunately at that time, nothing was finalized yet. I was able to get a casual meeting with this VP, and he initially gave the typical excuses everyone gets. Shortly later into the talk, I got him to admit this was about the reserve, and I even talked a bit about federal law. He still justified his position, even noting this is normal procedure based on business needs and it isn't his first time doing this sort of thing either during large-scale layoffs and has never faced any problems in his 20+ years no matter who was getting laid off and why. So I started speaking his language about business needs, that (perfect timing) a couple people in my department who had been with the company forever had volunteered to leave, about the verifiable value I bring, and how even one of "his" proud projects was made possible by me, among other things. Then he started backtracking and saying he thought I was going full-time active duty Navy and was doing me a favor with some pretty nice severance... yeah, right. "Winning" that very tricky conversation is why I still have this job. Nothing else.

Now, are you honestly going to tell me I didn't almost lose my job over the Navy Reserve? And then scold me for advising others who may not be in inherently protected domains, such as GS land, to be careful and to know their environment?

But I still manage to have some fun with this. I often get hit up by recruiters for other very demanding companies, despite the fact I'm not looking for a job. Some of them get very persistent and annoying however. What have I done with a few of them recently? How to get ghosted 101: I told said recruiters I'm in the Navy Reserve. Not a single message after that. Just goes to show you how such companies feel about reserve service. Maybe if/when I get tired of the rat race, I'll join you in GS land. But for now, it's just too exciting.
 
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D

Deleted member 67144 scul

Guest
TL;DR: It's absolutely possible to get screwed for reserve/guard status, and there's scenarios such as companywide mass layoffs where it's very easy to justify because 1,000s of people are being impacted and can easily be justified with "cost savings" and "20 of your direct colleagues got laid off for the 'same' reason" and "business needs" and other business/financial related justifications. USERRA did nothing for these people. I've seen it happen to many servicemembers, and I almost lost my job myself and was only saved by "winning" a high-risk debate with senior management.

However, it's not unheard of to get singled out and removed at-will, and the people responsible for the firing can get away with it as long as they are smart about it (ie. not sending an email stating they're dismissing you due to military status). Happened to a few acquaintances, also happened to bubblehead in his third week on a job if we're talking about people on this forum.

Not everywhere is like GS or even govt/defense contractor world, or even close. Many companies and industries are cutthroat and full of cutthroat people, and when mass layoffs roll around, it's a prime-time free-for-all to get rid of "inconvenient" employees. It's best for people to be careful and know their environment very well and know how to work the workplace politics in their favor. But most especially, the suggestion that no one could ever by dismissed in any scenario at least in large part due to military status is misguided and contrary to reality.

Still, I'd suggest reading the whole couple comments above.
 

bubblehead

Registered Member
Contributor
No, not quite. Employers are stepping into a very big minefield if they lay someone off who is mobilized...
People can and have been terminated/laid off while they are on mobilization. There is already case law on this. If you wanted to terminate someone for their Reserve status, you could easily lay the ground work and document accordingly. It's not that difficult.

Milhauser v. Minco Products, Inc.

...concluding that the jury’s decision— that Milhauser’s “position of employment” would have been terminated, even had he not left for military service—was entirely consistent with the USERRA...

...[the company] fully documented the business difficulties that it faced during the relevant period and its responses to those difficulties in the form of spending cuts and layoffs....

Layoff upon return from military leave may qualify as a “reemployment position” under the USERRA
 
D

Deleted member 67144 scul

Guest
People can and have been terminated/laid off while they are on mobilization. There is already case law on this. If you wanted to terminate someone for their Reserve status, you could easily lay the ground work and document accordingly. It's not that difficult.

And even in that specific scenario where you're as protected by the USERRA as it gets (not even the one I was discussing where it's very easy to terminate employees), people still get axed. Thank you, sir.

still TL, still DR

Put it this way: Being in the Reserve/Guard can get you laid off or otherwise terminated from your civilian job, especially in more demanding or cutthroat companies and industries. YMMV, but be smart, know your environment, and make allies understanding and supportive of your reserve service.
 
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Flash

SEVAL/ECMO
None
Super Moderator
Contributor
First off, holy shit...learn some brevity.

First off, you're talking specifically about returning from MOBs....you know about my company and industry and other industries which do similar mass layoffs?

And you know how many reservists?

With that said, there's evidently a misunderstanding. I think what you may be thinking I discussed singling people out. That's not what I'm talking about....I'm talking about something different.

Yes, you are talking past me since I already addressed that companies that do mass layoffs or 'reductions' like GM's recent ones are different and comply with USERRA since they don't target individual employees or specific categories. Would it be easier to hide the fact that they lay off certain folks in a reduction of hundreds? Sure. Am I going to say it never happens? No, but the fact remains there are very robust legal protections for reservists in their civilian employment, backed by a federal agency solely dedicated to helping them out.

Maybe you're a GS? If so, you're as protected as protected gets and it entirely makes sense why you've had the experiences you've had. The government screwing over a government employee for working in 2 roles for the government makes no sense at all.

Yes, I'm a GS but don't think that makes me immune to reprisal or adverse effects from my reserve duties. There was an adverse impact to my job from my first MOB, more benign neglect than deliberate, but it has had a long-term affect on my career and was even a factor in me volunteering for another active duty stint. I've also known other govies who've encountered issues with being a reservist, and even had to get USERRA involved, so GS's aren't exempt by any means.

Don't think I'm talking out of my ass about private employers though as I've served with hundreds of reservists and one of the more common things we talk about, between sea stories, is our civilian jobs. I've known scores who work in private industry from Google and Amazon to tiny family owned businesses along with everything in between. While many of them have had their 'real' lives and careers affected by their reserve duties I don't know a single one that was laid off as a result.

This argument jumped the shark a while ago, back when @Hail_HYDRA! wisely asked us to shut up about it, so why do I keep hammering away at it? Because of stuff like this:

Put it this way: Being in the Reserve/Guard can get you laid off or otherwise terminated from your civilian job, especially in more demanding or cutthroat companies and industries. YMMV, but be smart, know your environment, and make allies understanding and supportive of your reserve service.

From someone who isn't even a reservist yet.
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
People can and have been terminated/laid off while they are on mobilization. There is already case law on this.

Yeah, I already addressed that on the previous page of this thread.

If you wanted to terminate someone for their Reserve status, you could easily lay the ground work and document accordingly. It's not that difficult.

Sure, and you could fire someone for having a mustache too. There are assholes everywhere, but at least reservists have robust laws and an agency as an advocate in their corner if needed.
 
D

Deleted member 67144 scul

Guest
And you know how many reservists?

Probably have known up to a hundred in my current company alone. I'm in a big military hub (as you are) so I'll regularly run into reserve/NG (and obviously active but we're not including that here), so into 100s over X many years being here? And personally known about 10+ at my company (plus quite some more who worked at other companies) since starting here who were thrown into various layoff vortexes at least in large part because their military status made them "easy pickings" and were also able to verify their military status playing a role. There were also others who said screw it and took the severance without a second thought, so they don't know for certain if military status played a role or not.

Yes, you are talking past me since I already addressed that companies that do mass layoffs or 'reductions' like GM's recent ones are different and comply with USERRA

Which is what I had originally stated, but you converted it towards the specific topic of people returning from MOBs, which was not something I had touched upon. Whether understood or not, my overall point has been with respect to GM-like situations.

since they don't target individual employees or specific categories

Not on the surface they don't "target", of course. But when deliberations are made, there often is categorization of various organizational entities (eg. sub-teams) and various types of people (eg. convenient vs inconvenient, people outside of a "unique" team culture, etc.) and also more reasonable metrics like performance.

so GS's aren't exempt by any means.

Obviously not exempt, but let's make a blunt comparison. Who is more likely to lay someone off for being in the military?
1) A patriotic government org with an employee additionally working for another patriotic government org?
2) A very demanding/cutthroat corporation full of management who want people working around the clock year-round and may largely include people who hold indifferent or even hostile feelings towards the US military?

I think anyone reasonable would vote for number 2 by many orders of magnitude.

I've known scores who work in private industry from Google and Amazon to tiny family owned businesses along with everything in between.

Two questions here, out of personal curiosity:
1) Did you ask if the guys at the particularly crazy companies have ever been laid off?
2) If so, did they bother finding out why they got laid off other than whatever generic robotic answer everyone is given?

I ask because tons of people will take layoffs and thick severance without much (if any) inquiring or investigation. Of course in these layoffs, people get affected often for specific reasons, but they get told the useless generic response and you'll see lots of people just take it and decide not to dwell on it for obvious reasons. In fact, if I was the same way, of course I would have been laid off too. :) In my case, the exasperation was quickly replaced by curiosity and problem-solving which ultimately saved my behind.

Would it be easier to hide the fact that they lay off certain folks in a reduction of hundreds? Sure. Am I going to say it never happens? No

Then I think we agree. :cool: That solves that. Isn't this wonderful?

From someone who isn't even a reservist yet.

Lol. That's simply incorrect. If you wish to get into technicalities, I am a butterbar and have been. Not a "useful" butterbar at this point in time, but again, technicalities. I did point out that last layoff happened much earlier this year, which obviously was before I was sworn in. I've been commissioned for some time now. If you're going to fire at someone, please take aim first.
Regardless of being wrong, what relevance did this pointless jab have anyways considering we've been talking about numerous people getting laid off for their military status and I myself almost got laid off pre-emptively for it even way back when while still in the process? None at all. Waste of ammunition.

Anyways, conclusively, really the overall point I've been making and which we now agree on, when it comes to "picking" people for these kinds of layoffs, it's very easy to decide between the person with a "normal" life who's around all year, or the guy who's getting sent to Qatar for a year. I've been pulled into discussions about "picking" employees, and the reasons/arguments put forth are too often more ridiculous than someone potentially leaving for an extended period of time for military service (but I'll spare the essay and laundry list there), so it absolutely never surprises me when someone gets impacted due to military status.
 
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Flash

SEVAL/ECMO
None
Super Moderator
Contributor
First off, dial it back a little. Secondly, WTF?

Lol. That's simply incorrect. If you wish to get into technicalities, I am a butterbar and have been. Not a "useful" butterbar at this point in time, but again, technicalities. I did point out that last layoff happened much earlier this year, which obviously was before I was sworn in. I've been commissioned for some time now. If you're going to fire at someone, please take aim first.

I have no idea why you felt compelled to write a paragraph where a simple, 'I was just commissioned' would do. And if I knew what the hell I was aiming at maybe I wouldn't have made the error, maybe you ought to update your bio in between all of your screeds (attention to detail).

....personally known about 10+ at my company...who were thrown into various layoff vortexes at least in large part because their military status made them "easy pickings" and were also able to verify their military status playing a role...

Then shame on them, in addition to bad on the company, for not calling them out on it. It hurts their fellow reservists who will have to endure that in the future.

1) Did you ask if the guys at the particularly crazy companies have ever been laid off?

Crazy companies? I honestly don't know what you refer to but the folks at Google and Amazon, among others, are either still employed there or quit on their own accord.

Then I think we agree. That solves that. Isn't this wonderful?

Uh, no.

Anyways, conclusively, really the overall point I've been making and which we now agree on...

Really? I guess Ensign logic hasn't changed all that much since I was one long ago.
 
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