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The Real National Travesty...
- Thread starter raptor10
- Start date
What's "prompt" re-employment? I don't doubt that it is happening, but if I'm business owner living month-to-month, then losing someone and guaranteeing them their job when/if they come back is problematic.
Last time I saw, unemployment is quite low. Plus, these 2 "leaders" have an agenda.
When I had the opportunity to interact with Sen Kennedy and his staff, he couldn't give a shit less about my crew and his staff made that poignantly clear.
Last time I saw, unemployment is quite low. Plus, these 2 "leaders" have an agenda.
When I had the opportunity to interact with Sen Kennedy and his staff, he couldn't give a shit less about my crew and his staff made that poignantly clear.
phrogpilot73
Well-Known Member
The federal law referenced in the article dictates that a member of the National Guard or Reserves that is voluntarily or involuntarily activated for up to 5 years, is guaranteed their job to include no loss of seniority, appropriate pay raises and promotions as if they had never left.
I'm lucky in that my company was founded by a retired Marine (he took us all to lunch on his dime on Friday), so not only will all military leave of absences be approved, but we get paid the difference between our base pay in the military and our salary while we're gone.
Other companies are not as good, and it is difficult for a small business owner. The big question is how much do they want to pay? A Marine Colonel that returned was rehired, but immediately received poor evalutions (as opposed to the good ones he received before leaving) and was terminated six months later. After he started the uphill battle trying to get the Federal government to help him out (and enforce a Federal law), he found no love. He retained a lawyer, and sued his company, and won $400+ thousand. So, do you want to pay now, or later?
I'm lucky in that my company was founded by a retired Marine (he took us all to lunch on his dime on Friday), so not only will all military leave of absences be approved, but we get paid the difference between our base pay in the military and our salary while we're gone.
Other companies are not as good, and it is difficult for a small business owner. The big question is how much do they want to pay? A Marine Colonel that returned was rehired, but immediately received poor evalutions (as opposed to the good ones he received before leaving) and was terminated six months later. After he started the uphill battle trying to get the Federal government to help him out (and enforce a Federal law), he found no love. He retained a lawyer, and sued his company, and won $400+ thousand. So, do you want to pay now, or later?
I didn't think small business were subject to that law.
phrogpilot73
Well-Known Member
I haven't found anything that precludes small businesses from complying. Here's the definition of employer from the appropriate US Code:
(A) Except as provided in subparagraphs (B) and (C), the term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including—
(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities;
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and
(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and
(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.
(B) In the case of a National Guard technician employed under section 709 of title 32, the term “employer” means the adjutant general of the State in which the technician is employed.
(C) Except as an actual employer of employees, an employee pension benefit plan described in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (2)) shall be deemed to be an employer only with respect to the obligation to provide benefits described in section 4318.
Oops, found it, you're right it applies to all employers regardless of size.
http://esgr.org/userrafaq.asp?p=c#1002.34
http://esgr.org/userrafaq.asp?p=c#1002.34