USERRA Interpretation

[McNugget]

Hey all,

Read this on APC, and wanted to see if anyone had experience with USERRA?

The way the law reads, it appears that my employer cannot fire me and must retain me on leave if I were to join the armed forces. Typically this has a 5 year limit to it. With that said, I'm reading here that the following exception applies:
"(1) Service that is required beyond five years to complete an initial period of obligated service. Some military specialties require an individual to serve more than five years because of the amount of time or expense involved in training. If the employee works in one of those specialties, he or she has reemployment rights when the initial period of obligated service is completed; "

I currently work for a legacy air carrier in the US, and this sounds like a deal that's too good to be true. I want to be a Naval Officer, and I understand that the mandatory commitment for Naval Aviation is wings + 8 (typically 10 years total). Does this mean, since that service is required, my employer has to retain me for the 10 years mandated?

Thanks.

 

[Flash]

Pretty sure USERRA applies only to reserve folks, not active duty.

 

[taxi1]

I think it applies to initial sign-ups too. I know a fair number of professionals in the workplace who have signed up for duty, enlisted, direct commission, or OCS, and then returned to their day job. They were covered throughout.

Interesting question. Call your local VETS office and talk to a pro, report back.

 

[Swanee]

From the Department of Labor website: https://www.dol.gov/agencies/vets/programs/userra/aboutuserra

"USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. "

 

[SlickAg]

Hey all,

Read this on APC, and wanted to see if anyone had experience with USERRA?

The way the law reads, it appears that my employer cannot fire me and must retain me on leave if I were to join the armed forces. Typically this has a 5 year limit to it. With that said, I'm reading here that the following exception applies:
"(1) Service that is required beyond five years to complete an initial period of obligated service. Some military specialties require an individual to serve more than five years because of the amount of time or expense involved in training. If the employee works in one of those specialties, he or she has reemployment rights when the initial period of obligated service is completed; "

I currently work for a legacy air carrier in the US, and this sounds like a deal that's too good to be true. I want to be a Naval Officer, and I understand that the mandatory commitment for Naval Aviation is wings + 8 (typically 10 years total). Does this mean, since that service is required, my employer has to retain me for the 10 years mandated?

Thanks.

Are you a pilot? If so, get in touch with your union.

If not, your company will have a military affairs rep and they can give you the company’s answer.

 

[Flash]

From the Department of Labor website: https://www.dol.gov/agencies/vets/programs/userra/aboutuserra

"USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. "

Huh, if you read the actual law it seems to only have applications to reserve/National Guard duty. When in doubt you can also call the ESGR USERRA number, they would likely know better than anyone: https://www.esgr.mil/USERRA/USERRA-Contact

 

[McNugget]

Thanks for all the responses thus far. I've reached out per the form above, and will share if I hear anything back.

To SlickAg's question, I'm not a pilot, just an Engineer. But I would like to fly with my employer in the long run as well. Like I mentioned, this seems a little too good to be true, but this path appears to be an opportunity to have the best of both worlds lined up in a way.

 

[nittany03]

If not, your company will have a military affairs rep and they can give you the company’s answer.

Not all companies have full-time mil affairs staff, and the role of legal, HR, or similar is never to advise an individual in their personal capacity. It’s to protect the company.

I would talk to a subject matter expert outside the organization as well, be it a VSO, a qualified attorney, or similar.

As a SELRES, I can also say be savvy about how/when you pull the USERRA card. Just because you can force people to follow the law doesn’t mean they have to like it, or that you’re not possibly burning bridges in the process.

 

[squorch2]

outside of a large company with established HR & mil affairs folks, pulling USERRA is going to go poorly. maybe not in the short run, but almost assuredly in the long run.

and it's completely legal.

 

[Flash]

outside of a large company with established HR & mil affairs folks, pulling USERRA is going to go poorly. maybe not in the short run, but almost assuredly in the long run.

and it's completely legal.

Plenty of reservists where I am now and they are employed by a variety of a small, medium and large companies in addition to the government and few have complaints about how they have been and are being treated. Shockingly it isn't all doom and gloom.

 

[snake020]

Hey all,

Read this on APC, and wanted to see if anyone had experience with USERRA?

The way the law reads, it appears that my employer cannot fire me and must retain me on leave if I were to join the armed forces. Typically this has a 5 year limit to it. With that said, I'm reading here that the following exception applies:
"(1) Service that is required beyond five years to complete an initial period of obligated service. Some military specialties require an individual to serve more than five years because of the amount of time or expense involved in training. If the employee works in one of those specialties, he or she has reemployment rights when the initial period of obligated service is completed; "

I currently work for a legacy air carrier in the US, and this sounds like a deal that's too good to be true. I want to be a Naval Officer, and I understand that the mandatory commitment for Naval Aviation is wings + 8 (typically 10 years total). Does this mean, since that service is required, my employer has to retain me for the 10 years mandated?

Thanks.

Telling your employer "I'm leaving and you have to be ready to re-employ me in 10 years" is probably not the right life approach, and is not consistent with what USERRA is meant to protect. If you truly want to spend a 10 year career in Naval Aviation, have a bit more confidence in your own growth and value.

 

[SlickAg]

Not all companies have full-time mil affairs staff, and the role of legal, HR, or similar is never to advise an individual in their personal capacity. It’s to protect the company.

I would talk to a subject matter expert outside the organization as well, be it a VSO, a qualified attorney, or similar.

As a SELRES, I can also say be savvy about how/when you pull the USERRA card. Just because you can force people to follow the law doesn’t mean they have to like it, or that you’re not possibly burning bridges in the process.

“I currently work for a legacy air carrier in the US”

In this case, there is most definitely a full-time military affairs type person. They will tell him his company’s position and their interpretation.

As for your other comments, you absolutely do not speak for airline pilots. Our unions, and our fellow pilots, have won lawsuits against our employers for discrimination, unfair practices, and the like. USERRA is the law, whether or not the company likes it.

 

[squorch2]

Plenty of reservists where I am now and they are employed by a variety of a small, medium and large companies in addition to the government and few have complaints about how they have been and are being treated. Shockingly it isn't all doom and gloom.

Fair!

The scenario OP describes has little to do with reservists.

 

[HAL Pilot]

Thanks for all the responses thus far. I've reached out per the form above, and will share if I hear anything back.

To SlickAg's question, I'm not a pilot, just an Engineer. But I would like to fly with my employer in the long run as well. Like I mentioned, this seems a little too good to be true, but this path appears to be an opportunity to have the best of both worlds lined up in a way.

You return to the job you left, not as a pilot.

You're trying to game the system which only hurts those who genuinely need the protection. That's a bottom feeder dickhead move.

 

[McNugget]

Thanks for all the responses and perspectives. Agreed with many, and I think if this path were to be taken it would be with an ANG slot at best, and I would fully quit prior to going AD.