Can an employer fire you for joining the military?

Question

I understand that they have to give you your job back if you are already in the military and then get your civilian job. What I'm asking is a little different. Im considering joining the Navy Reserves, If I already have a job and THEN join the reserves (and get called out for boot camp or deployment) does the employer still have to give me my job back when I get back? or does that only apply for people who are already a part of the military and then get their civilian job. Ive asked this question before but all the answer were stated as if I was already in the military, like my employer hired someone who was already in the reserves. I want to know if I can join the reserve after I already have my job and expect to still be employed there when I get back from deployemnt/boot camp.

Answer 1

legally no. but it can be awful tough to prove ifthey do. most states a 'right to work' states and they can let you go for any reason...except for sex, race, etc. can you believe 'militaryaffiliation or status' is NOT one of them? yes, the is a law that protects you, but if your job was gonewhen you came back, the burden of proof is ON YOU to proveyou were fired because of joining the military. that can be tough. they can say your department was realigned and your position was eliminated. they can say your department was laid off. or your position was lost because of budgetary concerns. they can say your performance was subpar, etc.



i don't WANT tobelieve thre are any ofthese employers out there, but they are there. i had a neighbor whose wife was a very good medical technician, always won awards, merit payincreases, great reviews, promotedtwice. then she decided to join the air national guard, to learn a new job that would have made her more valuable to her civilian emloyer. she was gone for a total of 16 weeks. when she went back to her job, the whole tone of the office had changed. fellow techs didn't look her in the eye, were not as friendly, short with answers, didn't invite her to 'tech lunch dates'. suddenly she didn't win awards anymore despite consitant performance. first line supervisor was cold,performance review annotated things that had never been cited before, yet common place in the lab. within 6 months, she lost her job. it was so obvious to everyone that it was retaliaton for her joining he guard. but the guard could not help her noting it was tough to prove.



on the bright side, she went to work for another lab, became the manager a year later, and the company she worked for bought the one that let her go. you know what they say about karma. her old office manager was let go because they ddn't need two of them (my neighbor's wife was the manager) and her old supervisor and 3 former coworkers now fell under her! she wasfair ith them, professional, but all of them left before their performance reviews came around because they feared the karma!

Answer 2

Honestly it would be best to put in a 2 week notice then join. They dont that obligation if you join after receiving the job unless you got drafted, which doesn't happen anymore. It's just like working for another job and you already have this one. They can possibly work with you, but boot camp is a long 8 weeks regardless. So unless they tell you straight up, that you'll have it after boot camp, then no they aren't obligated to give it back to you. They WILL NOT fire you though.

Answer 3

sure and No. below some circumstances, inclusive of being a Reservist that gets activated, the corporate could desire to hold your activity while you're long previous, or furnish yet another activity with equivalent pay, reward, and so on. once you come back to inactive status. in case you enlist interior the customary militia, you're considered to have end your activity and the corporate does not could desire to save it open for you. The logic is you would be long previous for numerous years, and so which you have performed not something extra desirable than exchange jobs.

Answer 4

No even if when you go to boot camp or if you are called into the reserves for any reason your employer can not fire you and must hold your job for you.

Answer 5

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT



The Uniformed Services Employment and Reemployment Rights Act (USERRA) is codified in title 38, United States Code, sections 4301-4333 (38 U.S.C. 4301-4333). The complete text of USERRA is available on this web site.



Articles from the Reserve Officers Association's Law Review Archive are also available. Several of those articles are cited in our answers to the below "frequently asked questions".



A person who leaves a civilian job for voluntary or involuntary "service in the uniformed services" is entitled to reemployment in the civilian job (with accrued seniority) if he or she meets the following eligibility criteria:



Must have left the job for the purpose of performing service in the uniformed services. 38 U.S.C. 4312(a). Law Review 5.

Must have given prior oral or written notice to the civilian employer. 38 U.S.C. 4312(a)(1) Prior notice is not required if it is precluded by military necessity or otherwise impossible or unreasonable. 38 U.S.C. 4312(b). Law Review 5.

Cumulative period or periods of service in the uniformed services, relating to that particular civilian employer, must not have exceeded the five-year limit. All involuntary service and some voluntary service are exempted from the five-year limit. 38 U.S.C. 4312(c). Law Review 6.

Must have been released from the period of service, without having been "dropped from the rolls" or having received a punitive or other-than-honorable discharge. 38 U.S.C. 4304. Law Review 6.

Must have reported back to work in a timely manner, or have submitted a timely application for reemployment. 38 U.S.C. 4312(e)(1). Law Review 7.

Answer 6

If you join the national guard, or reserves. And they fire you for it. They are in big trouble. Just ask your recruiter about how much. I am not familiar with those laws. But I know it is a serious violation of Federal law.

Answer 7

No,



but they'll come up with another excuse for your termination.