USERRA Reemployment and Changing Home

[snake020]

Anyone have experience with coming off of long term orders, moving to a different location, and going back to the same employer?

I'm currently mobilised and will be coming off orders late next year. I'd be ok with going back to my old position if it's available, but I am moving to a new location for quality of life reasons. In reality, it shouldn't be a big deal to telework given there are others on the team that are permanent telework and that's essentially what we had been doing in the COVID area before I got called up.

Alternatively, the company I work at does have openings in my new intended home that are in my scope of skills and experience and at the appropriate position level. The wild card here is it's in a different country.

I'm thinking the best way to approach this is to give my direct manager first rights of refusal to telework for my old role, and if he says it's a bridge too far then going the more formal route with company HR.

For additional context, I found some case law on this.

 

[Hair Warrior]

Sounds about right to me. Only you know your company and your relationship with them.

The different country is the big question. If your company is large, or has recently acquired other companies, most likely it uses different cost centers to account for differentiation in pay, benefits, etc. There are also export-control questions as well as corporate infosec questions and (if applicable) client contract questions.

What line of work are you in? How big is the company? What’s the new country?

 

[snake020]

Sounds about right to me. Only you know your company and your relationship with them.

The different country is the big question. If your company is large, or has recently acquired other companies, most likely it uses different cost centers to account for differentiation in pay, benefits, etc. There are also export-control questions as well as corporate infosec questions and (if applicable) client contract questions.

What line of work are you in? How big is the company? What’s the new country?

IT project management at one of the large US defence contractors. Moving from California to Australia.

 

[Hair Warrior]

Rgr. Obviously FVEY but that doesn’t mean there aren’t corporate infosec concerns or ITAR export restrictions, depending on what you’re working on and whether you’ll have local access to the code repo. (Which I realize is ironic given that Atlassian is Australian.)

All theoretical until you have that first convo with your employer. Good luck!

edit: Also, many DoD contracts stipulate that the work needs to be performed by US-based personnel, depending on the sensitivity of the work.

 

[bubblehead]

I'd recommend calling Employer Support of the Guard and Reserve (https://www.esgr.mil/About-ESGR/Contact)

They are experts at this and can advise you of your rights and what is required by both you and your employer.

 

[nittany03]

Rgr. Obviously FVEY but that doesn’t mean there aren’t corporate infosec concerns or ITAR export restrictions, depending on what you’re working on and whether you’ll have local access to the code repo. (Which I realize is ironic given that Atlassian is Australian.)

All theoretical until you have that first convo with your employer. Good luck!

edit: Also, many DoD contracts stipulate that the work needs to be performed by US-based personnel, depending on the sensitivity of the work.

Said defense contractor may also be a defence contractor . . .

 

[Brett327]

Anyone have experience with coming off of long term orders, moving to a different location, and going back to the same employer?

I'm currently mobilised and will be coming off orders late next year. I'd be ok with going back to my old position if it's available, but I am moving to a new location for quality of life reasons. In reality, it shouldn't be a big deal to telework given there are others on the team that are permanent telework and that's essentially what we had been doing in the COVID area before I got called up.

Alternatively, the company I work at does have openings in my new intended home that are in my scope of skills and experience and at the appropriate position level. The wild card here is it's in a different country.

I'm thinking the best way to approach this is to give my direct manager first rights of refusal to telework for my old role, and if he says it's a bridge too far then going the more formal route with company HR.

For additional context, I found some case law on this.

You are one restless motherfucker.