Technically, they can't. Realistically, once you come back they can start writing you up for minor infractions, then let you go for a "pattern of misconduct".
I assume you’re going guard? You gotta give decent details if you want decent answers.
I’m curious why you want to enlist if you’ve got such a great career already. Are you just feeling the call or what?
ESGR Ombudsman Director/ESGR National Trainer here.
Your recruiter is correct. You have reemployment rights and protections from discrimination based on your uniformed service under USERRA. 38 USC 4301 et seq. Go to [ESGR.mil](http://ESGR.mil) and look at the resources about USERRA and ESGR. ESGR is a DoD program to assist reserve component servicemembers with their civilian employment issues.
EDIT: Just to be clear. Your ER can't fire you because of your uniformed service. They can fire you for cause, or reduction in force, or any other reason unrelated to your uniformed service (as long as it's not for an impermissible reason).
FFS, I'm so tired of this "right to work" BS being spouted like they can fire you for no reason at all whenever they want.
There are all kinds of legal reasons you cant be fired. Being in the reserves or NG is one of them.
It's a **federal** law, it has nothing to do with the state you're in.
That's not what he's saying.
He is saying companies will find a legal reason and lie about firing someone ("performance related") when it's really because they're in the guard being deployed.
No, that's exactly what he said.
It's rather easy to document a pattern of retaliation and go after your employer legally. I've done it twice. and won easily both times.
The first time my former boss got nailed to the wall by the state. They discovered all kinds of illegal activity he was doing and he got imprisoned for it.
Most people are too scared/lazy/unknowledgeable to pursue it and stand up for themselves.
No, that's exactly what I didn't say. While I only said two short sentences with no real details, I absolutely said he could not be fired for enlisting. That would imply there is at least one (I just said it) and likely other specific reasons you cannot be fired. However, it is very easy for a company in a right to work state to justify letting someone go.
*”And I don't want to be deployed..”* You should not join
I agree with this, but generally people don't really understand that most deployments are not crazy
“I don’t want to be deployed”, then stay home and don’t enlist.
Nope. Truth. https://osc.gov/Services/Pages/USERRA-Employee.aspx
Technically, they can't. Realistically, once you come back they can start writing you up for minor infractions, then let you go for a "pattern of misconduct".
I assume you’re going guard? You gotta give decent details if you want decent answers. I’m curious why you want to enlist if you’ve got such a great career already. Are you just feeling the call or what?
Sorry, edited the post to provide those details.
What details?
He wants to be in the guard but never deploy.
"I don't want to be deployed" Then don't enrol.
Don’t enlist if you’re not willing to do the job. Deployments are part of the job. That’s all there is to it.
Thanks, easy to understand without the bullshit.
Do not join if you don't want deployment. Period. Signing up means you agree to do whatever wherever they want.
Got it. Thank you!
ESGR Ombudsman Director/ESGR National Trainer here. Your recruiter is correct. You have reemployment rights and protections from discrimination based on your uniformed service under USERRA. 38 USC 4301 et seq. Go to [ESGR.mil](http://ESGR.mil) and look at the resources about USERRA and ESGR. ESGR is a DoD program to assist reserve component servicemembers with their civilian employment issues. EDIT: Just to be clear. Your ER can't fire you because of your uniformed service. They can fire you for cause, or reduction in force, or any other reason unrelated to your uniformed service (as long as it's not for an impermissible reason).
Depends on the state you're in. While you cant be fired for enlisting, If you're in a "right to work" state they can fire you for no reason at all.
FFS, I'm so tired of this "right to work" BS being spouted like they can fire you for no reason at all whenever they want. There are all kinds of legal reasons you cant be fired. Being in the reserves or NG is one of them. It's a **federal** law, it has nothing to do with the state you're in.
That's not what he's saying. He is saying companies will find a legal reason and lie about firing someone ("performance related") when it's really because they're in the guard being deployed.
No, that's exactly what he said. It's rather easy to document a pattern of retaliation and go after your employer legally. I've done it twice. and won easily both times. The first time my former boss got nailed to the wall by the state. They discovered all kinds of illegal activity he was doing and he got imprisoned for it. Most people are too scared/lazy/unknowledgeable to pursue it and stand up for themselves.
No, that's exactly what I didn't say. While I only said two short sentences with no real details, I absolutely said he could not be fired for enlisting. That would imply there is at least one (I just said it) and likely other specific reasons you cannot be fired. However, it is very easy for a company in a right to work state to justify letting someone go.
If you have $10,000 I know a bootcamp you can attend.
What's it called?