Can I get fired from my new job for joining Army reserves?

Question

I just started a new retail job and stated I had open availability. Then I decided to join the reserves shortly after starting and I ship to basic training in October.

I have not yet told work I joined the reserves incase they fire me now. I would like to keep the job when I get back from basic and ait but I understand if they let me go as I was hired with "open availability" and stated I was not going anywhere between November and January. Busy season for retail.

My question is, can they fire me as I was hired with "open availability"? Should I tell them now and hope for the best or tell them shortly before I go to basic training so at least I get a few more weeks of work incase they do fire me?

Answer 1

They can fire you. If that happens, you can take action under USERRA. You are protected. As another poster said, "you must notify your employer". There is no time limit for the notification. If you are concerned, you can contact USERRA for assistance. They can assign a mediator to you to review your situation and your rights. If you are fired, he can step in and contact the company. If this fails, there are a number of attorneys that are also members of Reserve and Guard units that will be willing to take you case, because it is an easy win.



My RECOMMENDATION is that you wait until you have orders in hand, then you give a copy to your supervisor, followed by an email to your supervisor (attach a scanned copy of the orders). Keep copies of the emails. This will serve as documentation. Also, right down when you speak to your supervisor and their reaction. This can help the attorney if needed.



They can claim you were a Holiday hire and your job went away after the first of the year. This would be more difficult to fight because it isn't personal to you, but a general layoff for the company. Again, contact a USERRA rep for advice.

http://www.esgr.mil/userra/what-is-userra.aspx and click the "Request Assistance" tab.

Answer 2

Active Duty and Reemployment Rights

Must an employer grant leave to an employee who is called or volunteers for active duty? SINCE YOU WILL BE ON ACTIVE DUTY FOR TRAINING THIS PORTION WILL APPLY FOR BASIC AND AIT.



Yes. An employer is required to grant a military leave of absence to a reservist who is called to or volunteers for active duty. The same rights apply whether the reservist is called or volunteers.



Is prior notice to the employer required for leave of absence for military duty?



Yes. Unless precluded by military necessity, advance notice must be provided either orally or in writing. While timeliness of notification is not spelled out in detail under USERRA, employees who participate in the National Guard or Reserve should provide their employers as much advance notice as possible. Failure to provide notice could result in a denial of the protection of USERRA.



When may an employer require an employee to provide documentation of military service?



After periods of military leave of absence of more than 30 days, the employer has the right to request such documentation, which can be used to establish the employee's basic eligibility for protection under USERRA.



May an employer hire a replacement while the reservist is on active duty?



Yes, the employer may hire a replacement while the regular employee is on military leave.

Answer 3

Short Story: They Can't Fire You (The Uniformed Services Employment and Reemployment Rights Act, or USERRA)



Essentially...

Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary. Employers must grant time off for military duty. Upon completion of military service, reservists must be given their civilian jobs back, provided that they meet the basic eligibility criteria of the reemployment rights law. Upon re-employment, reservists generally are entitled to the seniority status and pay rate they would have attained had they not been absent.



♦ Employers must make “reasonable efforts” to train or retrain returning employees and accommodate any disabilities incurred or aggravated during military service.

Answer 4

most states are at will which means if you suddenly state the hours you were hired for you can no longer work.. they can let you go. the reason why you cannot work the hours is irrelevant



NO retail business is going to keep a NEW employee who bails during the holiday shopping season.