Reservists! Know Your Rights! The USERRA Act
April 15, 2005 by John Allen · 1 Comment
http://www.esgr.org. Reservists and employers can also get help by calling the National Committee for Employer Support of the Guard and Reserve (NCSEGR) toll free at 1-800-336-4590.
Soldiers’ and Sailors’ Civil Relief Act
It is important that reservists know that they will have a job when they return home, but credit problems can also adversely affect their duty performance and create undue hardships while they are serving their country. For example, buying a new sports car or other big-ticket item may seem like a good idea as long as the money keeps coming in. However, making payments may become impossible for reservists if they take a cut in pay when called to active duty.
For help, reservists can turn to the Soldiers’ and Sailors’ Civil Relief Act of 1940, which provides a wide range of protections. The SSCRA is intended to postpone or suspend certain civil obligations to enable service members to devote their full attention to duty. The act does not apply to criminal matters.
The protections generally begin when a person starts active duty and end within 30 to 90 days after the date of discharge from active duty. Besides installment contracts, the act covers such issues as rent, rates of interest, stay of proceedings, default judgments, insurance, state taxes and adverse credit actions. Some good information about these subjects is available on the Air Reserve Personnel Center home page at http://www.arpc.org/arpc.htm under legal assistance, in the Judge Advocate General section.
USERRA:
Uniformed Services Employment and Re-Employment Rights Act
To ensure that reservists will have a job when they return home, Congress passed the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), a byproduct of the Gulf War.
Additionally, a complex body of federal and state laws governs release of employees from work in order to perform military service. Applying these laws in unique employment situations is often confusing. The National Committee for Employer Support of the Guard and The Reserve (NCESGR) provides information and mediation service from its Virginia office, accessible nationwide through a toll-free telephone number: 1-800-336-4590.
Questions about the law, problems with individual supervisors and inquiries about the propriety of specific personnel practices can all be addressed by the committee’s ombudsmen. The service is available to employers as well as to members of the National Guard and Reserve.
At the National level, the program is conducted by a specially trained team of experts in the field of reemployment rights for members of the National Guard and Reserve. At state level, trained volunteers assist local employers and employees in understanding and applying the law. For more information click here: http://www.esgr.org.
Q & A’s From Employees
1. Is there a law governing reemployment rights after military training or service?
Yes. The Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) is a comprehensive revision of the Veterans’ Reemployment Rights law. USERRA is contained in Title 38, United States Code at chapter 43.
2. Am I eligible for reemployment rights under USERRRA if I perform military service?
Yes, provided you meet five eligibility criteria. You must:
- hold a civilian job (Note: jobs that are held for a brief, nonrecurrent period with no reasonable expectation of continuing for a significant period do not qualify for protection.
- give written or verbal notice to your civilian employer that you will be leaving the job for military service, except when precluded by military necessity.
- be released from service under honorable conditions.
- not exceed the 5-year cumulative limit on periods of service.
- report back to your civilian job or submit an application for reemployment in a timely manner.
3. Do I have reemployment rights following voluntary military service? State callups?
USERRA applies to voluntary and involuntary military service, in peacetime and wartime. However, USERRA does not apply to state callups of the National Guard. Protection for such duty must be provided by the laws of the state involved.
4. When is prior notice to my civilian employer required? How is such notice to be given?
The person who is performing any category of training or service must give advance written or verbal notice to the employer.
Notice is not required if precluded by military necessity or, if such notice is otherwise impossible or unreasonable. A determination of military necessity shall be made as prescribed by the Department of Defense regulations. Situations where notice is not required will be rare.
The law does not specify a measure for advance notice but you should give your employer as much advance notice as possible, even for orders pending availability of funding.
5. How is the 5-year limit computed?
Service that you have performed, with some exceptions, counts toward the cumulative 5-year limit of service you can perform while retaining rights under USERRA. When you start a new job with a new employer, you receive a fresh 5-year entitlement.
USERRA’s cumulative 5-year limit does not include service grouped into these three broad categories:
Unable, through no fault of your own, to obtain orders releasing you from service or service in excess of five years to fulfill an initial period of obligated service.
Required drills, annual training and other training duty certified by the military to be necessary for professional development or skill training/retraining.
Service performed during time of war or national emergency or for other critical missions, contingencies, or military requirements. Involuntary and voluntary service of this type is exempt from the 5-year limit.
6. I am a Federal employee, and I receive 15 days of paid military leave each year. My agency’s personnel office has informed me that I have no right to time off from work for military training or service beyond this 15 days. Is that right?
No. As a Federal employee, you have the right to 15 days of paid military leave each fiscal year, under Title 5 U.S. Code. When you have exhausted your right to paid leave under Title 5, you still have the right to use your accrued civilian leave or unpaid leave under USERRA, because USERRA applies to the Federal Government as well as all other civilian employers.
If you wish to continue your civilian pay uninterrupted and you have annual leave on the books, you can use that annual leave for you military service. USERRA gives you the explicit right to do this. If your employer is a state or local government that grants paid military leave, the result would be the same.
7. Can I be required to use my earned vacation while performing military service?
No. You must, at your request, be permitted to use any vacation that had accrued before the beginning of your military service instead of unpaid leave. However, it continues to be the law that service members cannot be forced to use vacation, annual or similar leave for military service.
8. After military service, how long do I have to report back to work or apply for reemployment?
For periods of service of 1 to 30 consecutive days, you must report back to work for the first full, regularly scheduled work day following the service, safe transportation home, plus an 8-hour rest period. If reporting back within this deadline is “impossible or unreasonable” through no fault of your own, you must report back as soon as possible after the rest period.
For service of 31-180 days, you must submit either a written or verbal application for reemployment with the employer no later than 14 days after completion of service. If submitting the application within 14 days is impossible or unreasonable through no fault of your own, you must submit the application as soon as possible thereafter. If the 14th day falls on a day when offices are not open, the time extends to the next business day.
For service of over 181 days, you must submit an application for reemployment not later than 90 days after completion of service. These deadlines to report to work or apply for reemployment can be extended up to two years to accommodate a period of hospitalization or convalescence from a service-connected injury or illness.
9. Does USERRA give me the right to benefits from my civilian employer during my military service?
Yes. USERRA gives you the right to elect continued health insurance coverage during periods of military service. For periods of service up to 30 days, the employer can require you to pay only the employee share, if any, of the cost of such coverage. For longer tours, the employer is permitted to charge you up to 102 percent of the entire premium.
If you elect coverage, your right to that coverage ends on the day after the deadline for you to apply for reemployment or 18 months after your absence from your civilian job began, whichever comes first. USERRA gives you and your previously covered dependents the right to immediate reinstatement of your civilian health insurance coverage upon return to your civilian job. There must be no waiting period and no exclusion of preexisting conditions (other than for those conditions determined to be service-connected). This right is not contingent on your having elected to continue that coverage during your service.
To the extent that your employer offers other non-seniority benefits (e.g., holiday pay or life insurance coverage) to employees on furlough or leave of absence, the employer is required to provide those same benefits to you, during your service in the uniformed services. If the employer’s treatment of persons on leaves of absence varies according to the kind of leave (jury duty, educational, etc.), the comparison should be made with the employer’s most generous form of leave.
10. What am I entitled to upon my application for reemployment?
You have four basic entitlements:
Prompt reinstatement. (generally a matter of days, not weeks, but dependent upon your length of absence).
Accrued seniority, as if you had been continuously employed. This applies to rights and benefits determined by seniority as well as status, rate of pay, pension vesting, and credit for the period for pension benefit computations.
Training or retraining and other accommodations. This would be particularly applicable in case of a long period of absence or service-connected disability.
Special protection against discharge, except for cause. The period of this protection is 180 days following periods of service of 31-180 day. It is one year for service of 181 days or more.
11. When I return from military duty will I automatically get my old job back?
No. After military service of 1-90 days, you are entitled to the same job or a promoted position if this would have been attained with reasonable certainty had you not been absent. If unable to become qualified for a new position after reasonable efforts by the employer, you are entitled to the job you left.
After service for 91 days or longer, you are entitled to the same position, a position of like seniority, status, and pay, or possibly a promoted position. The reemployment position with the highest priority reflects the “escalator” principle, requiring that each returning service member step back onto the seniority escalator at the point you would have occupied if you had remained continuously employed. Therefore, if the company has endured a loss affecting the status of employees in general, the position could be at a lower level than the one previously held, it could be a different job, or it could conceivably be in layoff status.
12. What if I’m not qualified for my reemployment position? What if I’m injured or disabled?
If you have been gone from your civilian job for months or years, your job skills may have been dulled by a long period without use. You must be qualified to do the job in order to have reemployment rights, but USERRA requires the employer to make “reasonable efforts” to qualify you.
“Reasonable efforts” means actions, including training, that don’t cause undue hardship to the employer. If you can’t become qualified after reasonable efforts by your employer, and you are not disabled, you must be employed in any other position of lesser status and pay, the duties of which you are qualified to perform, with full seniority.
USERRA also requires the employer to make “reasonable efforts” to accommodate a service-connected disability. If upon your return from military service you are suffering from a service-connected disability that cannot be accommodated by reasonable employer efforts, the employer is to reemploy you in some other position that you are qualified to perform and which is the “nearest approximation” of the position to which you are otherwise entitled, in terms of seniority, status, and pay.
13. Does the new law protect me from discrimination by my employer or a prospective employer?
Yes. Sections 4311(a) and (c) of USERRA state:
“A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”
“An employer may not discriminate in employment against or take any adverse employment action against any person because such person has taken an action to enforce a protection afforded any person under this chapter, has testified or otherwise participated in an investigation under this chapter, or has exercised a right provided for in this chapter.”
These two provisions provide a very broad protection against discrimination, much broader than the VRR law provided. For the first time, reprisals against any person, without regard to military connection, who testifies or otherwise assists in an investigation or other proceeding under USERRA is prohibited.
14. Who has the burden of proof in these cases?
The employer or prospective employer. USERRA provides that a denial of employment or an adverse action taken against you by an employer will be unlawful if your service connection was a motivating factor (not necessarily the only factor) in the denial or adverse action “unless the employer can prove that the action would have been taken in the absence of such membership, application for membership or obligation.”
15. Where do I go for information or assistance?
National Guard and Reserve members with questions or concerns about their civilian job rights should first consult with their command.
For assistance, contact the National Committee for Employer Support of the Guard and Reserve. You can contact a NCESGR ombudsman toll-free at (800) 336-4590.
Ombudsmen provide information and informal mediation services concerning civilian job rights of National Guard and Reserve members. If you believe your employer has violated your rights under USERRA and you wish to file a formal complaint, you should contact the Veterans’ Employment and Training Service of the United States Department of Labor.
Q & A’s From Employers
The Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), enacted October 1994 and significantly updated October 1996, provides protection and rights of reinstatement to employees who participate in the National Guard and Reserve.
The National Committee for Employer Support of the Guard and Reserve (NCESGR), an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs, operates programs directed toward U.S. employers, employees, and communities to ensure understanding of the role of Reserve component members. NCESGR encourages development of employer policies and practices to facilitate employee participation in the Reserve components through a network of volunteers in 54 local Employer Support of the Guard and Reserve (ESGR) Committees.
The ESGR Ombudsman program provides informal mediation services in conjunction with the Veterans’ Employment and Training Service (VETS), U.S. Department of Labor. Volunteer members are trained by NCESGR and VETS to provide assistance to employers and employees in the resolution of employment conflicts that can result from military membership, training, or other service requirements protected under USERRA.
To reach your local ESGR Committee for information or assistance, contact:
— the NCESGR website at www.esgr.org
— call NCESGR toll-free, at 1-800-336-4590
— call your local National Guard or Reserve unit
The information provided herein should not be considered legal authority, but is provided as general information about the USERRA.
1. Is an employee protected from unlawful discrimination by an employer based on military affiliation?
Yes. USERRA provides protections for initial hiring and adverse employment actions by an employer if the action relates even in part to the employee’s military service. This protection also extends to potential witnesses of a discriminatory action on the part of the employer.
2. Can an employer refuse to allow an employee to attend scheduled drills or annual training?
No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must treat the employee as if he or she has not been absent.
3. Is there a limit to the amount of military leave an employer must permit?
Yes. Although there is no longer any differentiation between voluntary and involuntary military duty, there is a 5-year cumulative service limit on the amount of voluntary military leave an employee can use and still retain reemployment rights.
4. What is not included in the 5-year cumulative total?
The 5-year total does not include: inactive duty training (drills), annual training, involuntary recall to active duty, or additional training requirements determined and certified in writing by the Service Secretary, and considered to be necessary for professional development or for completion of skill training or retraining.
5. 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. The context for what constitutes timeliness of notification was not spelled out in detail by Congress under USERRA. However, 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.
6. What are valid military orders?
All written or verbal orders are considered valid when issued by competent military authority. A military member in receipt of official orders is obligated by federal statute to execute them. The recurring requirement to perform inactive duty training (drill) is an example of when written orders may not be formally issued.
7. When may an employer require an employee to provide official, written military orders?
After periods of military leave of absence for 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. All National Guard and Reserve members are encouraged to provide a copy of orders, the annual drill schedule, or other type of documentation to employers as soon as available and, if possible, before the commencement of military duty.
8. What if the employee cannot provide satisfactory documentation for military service in excess of 30 days?
The employer must promptly reinstate the employee pending its availability. The employer may contact the military unit if necessary.
9. Can an employer require an employee to apply for military leave of absence or otherwise submit official documentation for approval of military leave of absence?
No. As stated earlier, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a right of refusal for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.
10. Can an employee be required to find someone to cover his or her work period when military duty interrupts the work schedule?
No, an employee is responsible for notification but not for altering the work schedule or finding a replacement.
11. Can an employer require an employee to reschedule drills, annual training, or any other military duty obligation?
No. When military duties would require an employee to be absent from work for an extended period, during times of acute need, or when (in light of previous leaves) the requested military leave is cumulatively burdensome, the employer may contact the military commander of the employee’s military unit to determine if the duty could be rescheduled or performed by another member. If the military commander determines that the military duty cannot be rescheduled or canceled, the employer is required to permit the employee to perform his or her military duty.
12. Is an employer required to pay an employee who is on military leave of absence?
No. While many employers offer differential pay or a specific number of paid military leave days, an employer is not required to pay an employee on military leave of absence.
13. Are there time limits for an employee to return to work after completion of military duty?
Yes. There are three formats for reinstatement (application for reemployment), dependent on the duration of military service. Please refer to question 15 for a detailed breakdown of these formats. An employer should reinstate an employee within a matter of days of application, if not on the same day as the application is made.
14. After completion of weekend drill, what is the time limit for an employee to return to work?
Either the the beginning of the next regularly scheduled work day or during that portion of the next regularly scheduled shift that would fall eight hours after the end of drill and a reasonable amount of time to commute home. For example, an employer cannot require a service member who returns home at 10 p.m. to report to work 2.5 hours later at 12:30 a.m. However, the employer can require the employee to report for the 6 a.m. shift, or scheduled work period, the next morning (after reasonable commute from military duty to home followed by 8-hours). Included in the 8 hour period is time for rest and the commute to to work.
15. What is the time limit for an employee to return to work after Annual Training or other types of extended military leave of absence?
Time limits for returning to work depend on the duration of the orders. The rules are: Service of 1 to 30 days: the beginning of the first regularly scheduled work day or 8 hours after the end of the military duty, plus reasonable commuting time from the military duty station to home. Service of 31 to 180 days: application for reinstatement must be submitted not later than 14 days after completion of military duty. Service of 181 or more days: application for reinstatement must be submitted not later than 90 days after completion of military duty.
16. What if the employee has an accident, is delayed by lack of military transportation, or is otherwise unable to report back in a timely manner?
The employee must report back to work as soon as possible. If the reason for the employee’s delay is not related to military duties, the employee is subject to the personnel policies and practices the employer would normally apply to employees with unexcused absences.
17. What if an employee is injured or incurs a disability during military duty?
The deadline for reinstatement may be extended for up to 2 years for persons who are convalescing due to a disability incurred or aggravated during military service, and employers must make reasonable accommodations for the impairment.
18. What job position is an employee returned to after military leave of absence?
Except with respect to persons whose disability occurred in or was aggravated by military service, the position into which an employee is reinstated is determined by priority, based on the length of military service. The rules are: Service of 1 to 90 days:(a) in the job the person would have held had he or she remained continuously employed (possibly a promoted position), so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer, or (b), if the person cannot become qualified, in the position the person was employed on the date of the commencement of the military service. Service of 91 or more days: (a) same as for service of 1 to 90 days, or a position of like seniority, status and pay, so long as he or she is qualified, or (b) if the person cannot become qualified, in the position the person was employed on the date of the commencement of the military service or which nearly approximates that position. Note: The reemployment position with the highest priority reflects the escalator principle, which requires that a returning service member steps back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed.
USERRA specifies that returning employees must be promptly reemployed. What is prompt will depend on individual circumstances. Reinstatement after 3 years on active duty might require two weeks to allow giving notice to an incumbent employee who might have to vacate the position.
I was employed for 11 years on the same job,when I decided to re-enlist in the US Army. I have been fired from my job,after reporting back to that job,and asking to be re-instated. This is my story. Any help or advice is appreciated. Thank You
SPC. Bykei Durham
The following is a periodic update of my job (re-employment) dilemna…….
I returned to the Atlanta area on 20 June 2008. I reported in to my unit (427th) on
Tuesday 24 June 2008. I had,at this time, already contacted Clarence Williams, the Warehouse Manager of my civilian job, Prologix Distribution, prior to this date
and informed him that I would be returning. I went to the job on 24 June,around
2:20 p.m.,and asked the receptionist on duty, Mattie, to call him to the lobby.
When he came, I told him “I am back and ready to go to work”,
then at which time he told me to call Bill Cawthon.(Another supervisor) I told
him I did not have Bill’s number,so he gave it to me.I left,and called Bill at 4 p.m.
He told me that he did not have ANYTHING,except for “MAYBE” a driver’s job.
I told him “o.k.” and that I’d be in touch.The driver positions do not pay as much
as what I was making when I left for Active Duty. I was working in the warehouse
on 2nd shift,at $15.22 an hour.The driver positions pay you based off of the
sales commission of your particular route. I had done this position when I began
with the company in November ‘96.
I called SFC Lee (Ft. Gillem) at 10:35,on 25 June. She listened to what
was going on,and gave me the ESGR contact numbers,Ameshia Buckner at
(678) 569 6434, and Penelope Harbour at (678) 569 6037. I called each person
and left messages on their voicemail,at 11:00 and 11:04,respectively.
I recieved a call from the ESGR on 26 June at 5:00 p.m. I was told by
Ms. Harbour to go to a website, http://www.esgr.mil and to print out a document
showing the Federal Job Rules and Regulations for Reserve Soldiers, and
to give the document to my HR person at the job. I went to Kinko’s Copy
Center in Morrow and printed them.
I called the HR person Friday,27 June at 10:37. I did not get an
answer,so I left a message.At 1:30 p.m. I went to the job and asked the
receptionist if Towanna was in. I was told she was out. I then asked her if
I could leave a message and some paperwork. I left a message asking her
to please call me,and my contact number.No one still has returned a call.
I went to my unit (427th) and informed them (Mrs. Johnson) about
what was going on,that I did not have a job,and I was trying to follow all
procedures to get help. I later called Ms. Harbour at ESGR and left her
a message at 10:30. I also spoke with Jouwana, who informed me that I
needed to call the 800 number. I did so at 2:00 p.m. and was told they
would e-mail me documentation that may help,but I would need to send
it forward to the HR department on the job. I recieved the e-mail at 2:40
and called my job to get the e-mail address. The one I was given was-
“dasquezr@prolgixusa.com”. I then copied, saved, and forwarded the
e-mail at 3:15 p.m.
On 3 July at 09:45 a.m., I talked to Ms. Harbour and informed her
about contacting someone at the 800 number. I still HAVE NOT heard
ANYTHING from the job. On Monday, 7 July at 08:00 a.m., I went to
the Dept. Of Labor office for assistance,and also to try and find out about
the “WIA” program, so that maybe I could use some of my VA benefits
to pay for me to go to school,and at least get my CDL license so that I
could find a decent paying job.
Today, 7 July 2008 I registered at the D.O.L. office on MLK Jr Drive.
I was told by the VA Rep. there to call the Atlanta # to file a formal
complaint against the job. This was after I told him what I had done so
far.While I was there I also filled out paperwork for Unemployment
Benefits. I called the Atl Dept Of Labor Veterans Assistance number &
I was instructed to go to the website, http://zets1010.dol.gov and to
fill out the online form, then to fax a copy of my DD214 and a copy
of my orders to them,which I did.The rep on the phone said someone
will contact me within 48 hours.
Today is 14 July and I still have NOT heard anything from ANYONE
in regards to my situation. I am at the W.I.A. office in Atlanta to see
about getting help for going to the CDL school.I will be making a call
to the Dept of Labor to ensure that my unemployment benefit claim is
in effect. Also going to the Unit to speak to SFC Lee, and to try and
get my I.D. card updated, sionce I was finally promoted to Specialist
on this past weekend.
At 0915am, I spoke to Richard Wright on the phone about the job
situation.He asked me to fax him copies of my DD-214 which I will do
when I leave here.Not sure if I really want that job back. It depends
on the pay and how many hours they are going to give me. I really
think that there is going to be a lot of anomosity there if I do from
the management. I told Mr. Wright that I probably would,though.
I would much rather be compensated ( $ ) and then I would
be able to pursue ataining my CDL License Certification.
Today is 17 July,2008. I still have NOT heard ANYTHING from the
job,the person who I talked to (Mr. Wright) or anyone else from
USERRA…….On yesterday,16 July, I went to visit the campus of the
Atlanta Technical College. I got an application from them,which I am in
the process of filling out. If accepted here, I am either ging to take up
some computer classes, autobody & collision,and welding & joining
technology. I am also going to schedule another appointment with SFC
Lee at Ft. Gillem to see if I can finish the process of getting my student
loan re-payment program started. I also have been trying to contact
SFC Donnings…..
Today, 19 July, I recieved a call from SFC Lee,with whom I talked to
briefly to let her know about me applying for school, and that I had
not been contacted back by Dept. of Labor yet.
Today, 21 July, I left messages for both Mr. Richard Wright, and
Capt. Grant. I am also going to try and return the student application
for Atlanta Area Tech this afternoon.
At around 9am, I recieved a voicemail message from Mr. Wright
stating that the information I’d faxed to him was forwarded to the
USERRA offices in Biloxi,Ms.
23 July,2008. I recieved an e-mail message from Mark Bussey,
one of the contacts I was given by a relative to contact in my
search for a job. He stated that he would forward a copy of my
resume to persons that he felt it would be of interest to.
25 July,2008. I called Capt. Grant at the Unit, and asked her about
some info that I needed.She transferred me to SFC Robertson,who
did help. I informed him that I’d left messages for SFC Donnings
about putting in a “packet” for ADSR (temp.full time duty) and I
still hadn’t heard from him. He transferred me to that extension.
The mailbox was full.I continued to call until I finally was able to
leave him a message.
26 July,2008. I have been getting “Nastygrams” from Taneka
continuously asking me for “her” money. I told her that I was still
waiting,and that she would have to do the same. She is being VERY
un-co-operative with me and my situation. I know I have to do my
part, but I have no income, or a place to live at this time.
28 July 2008. I recieved a letter from the Dept of Labor office
stating that my “job” let me go because there was no work to do….
That is not true.People who worked with me are still working
there now, just on the day shift. I put in 10 years at that company,
and this is no way to treat anyone.
29 July 2008. I recieved a letter from Dept. of Labor regarding
the statements I gave to them about the situation. Some of this
info on their letter is incorrect. I had sent Mr. Wright, by fax,
all the info that I have(here) so, I do not understand why this
info was not on this letter.
I also have been trying to contact my unit about AGR status.
I guess I will just have to do a “walk-in” instead of trying to
keep calling to set up an appointment.
1 August 2008. I faxed copies of the letter, a response to the
letter, and copies of a “timeline” of events that I have done, in
reference to my unemployment situation, to Mrs. Williams at
the South Metro location of The Dept. of Labor.
4 August 2008. I did NOT hear from anyone Friday, So, I drove
to the Dept of Labor today @ 0800a.m…….I spoke to the Rep at
the counter, who had me fill out an appeal form. Then I spoke to
Ms. Hawkins. I updated her on all I had done. She made copies
of the letter I recv’d. I was then instructed to hand-deliver copy
to Prologix. I went there around 0945a.m. I spoke to Ricardo,
who was filling in at the receptionist desk. He called Mrs. Johnson
to the lobby. I gave her the copies as instructed. She said she
would forward them to the corporate office. Then they asked me
for a copy of my DD214. I told them I didn’t have it with me. So,
when I left there, I went to my Unit.
4 August 2008. 11:49a.m. I walked into the building, to see if
SFC Donnings was there, so I could do a packet to get some
AGR or AT time approved. No one was in the offices. On my
way out, I saw SFC Lee. I updated her on what was going on with
everything. She told me to try SFC Donnings phone number
after 1p.m. When I left the Unit, I called Ms. Hawkins and let her
know I’d taken the copies to the job, and what they’d asked me for.
She told me not to give it to them now,unless they said they
were going to hire me back. I tod her it did NOT seem that way
to me. Later that afternoon, I called the Dept of Labor phone
number for VA assistance. I told the Rep on the phone what
was going on, and that some of the info that they had was not
correct. She got my name and #, and said she’d have the case
manager call me tomorrow.
11 August,2008. I still had NOT heard from the case manager,
so I called again. I spoke with Mr. Wright at 1:09 p.m., and he
said that he was waiting on a response from the job.They were
supposed to contact him by 5p.m.
12 August,2008. At 3:21p.m., I called to see if the job had res-
-ponded. Mr. Wright was not in, but I left a message for him.
13 August,2008. Today, I called Mr. Wright at 2:00p.m. and
he informed me that the job was sending a reply, and also they
were possibly trying to “find” a position for me. ?????????
I re-inforced the fact to him that I do not think that I would be
comfortable working there,after all of this. I feel they will try
to fire me the first chance they get. He gave them an addittional
7 days.After getting off the line with him, I once again tried to
call my Unit. I got in touch with SFC Robertson,and explained
to him that I’d been trying to contact the Unit about putting in
a packet for some type of duty,that could get me working.
He informed me that Mr. Donnings, who I’d been trying to
contact,no longer worked there. He transferred my call over
to Cpt. Grant. I explained to her what was going on, and she
requested I come in on Monday at 09:00a.m., to see what I
could possibly do,maybe deployment,which we would discuss.
SFC Robertson also suggested I get in touch with the JAG
office for further assistance with the job situation.
14 August,2008. I attempted to call the JAG office, but I
ended up having to leave a message. Later that evening,
Chief Gillespe had left a message, stating that he would not
be able to see me on Monday. I will try him again tomorrow.
15 August, 2008. I called to try and reach Chief Gillespe.
I was told that he would be out of town until on Monday, so,
I left a message for him.
18 August, 2008. I drove to Atlanta this morning, to check
on some jobs,also to retrieve any mail from my P.O. box.
I recieved a letter from the Board of Appeals, for The Dept.
of Labor, stating they would set a date to hear my case.
I called their office, and was told that I would be notified
by mail, when the hearing would take place. I also went to
my Unit, to see Cpt Grant @ 0900a.m. She requested some
information from me, and I told her I still was not working.
She input my info in the Unit database to see if I could be
approved to do some “A.T.” time, which is all she could do
at that moment. It would have to be approved by Command.
19 August,2008. Today, I am still in Atlanta, to take the
Entrance Test for the Clayton County P.D., scheduled for
1:p.m. this afternoon. At 0959a.m., I recieved a phone call
from my former Unit Commander, Cpt. Kuechenmeister.
He proceeded to tell me how Taneka Winfield had called
him, and ranted and raved about I was not paying her “her”
money. This went on for 15 minutes,about how “wrong” I
was. I finally got the chance to tell him I was unemployed,
through NO FAULT OF MY OWN, and she had no right
to be calling ANYONE like she did, slandering my name,
and discrediting any alliance, and trust I had with all of
the Unit there. That is when I decided to go down and file
a Formal Complaint against her. After my test, I went to
the Courthouse and did so. Ms Winfield had ALREADY
been told that I was not working,and I did not have any
income WEEKS AGO. Obviously, she does NOT believe
ANYTHING. I also explained to her that I was having
problems with having my job re-instated. After I filed the
complaint, I went back to Augusta.
20 August,2008. This morning I recieved a phone call
from Richard Wright. He told me the job MAY be willing
to re-instate me. I would have to go to the office, and to
notify them IN WRITING. I explained to him I was not
in Atlanta. I asked him how long I had to respond, and I
was told “90 days from the date on your DD-214, and if
I were you, I’d hurry up”……
He then proceeds to “explain” that I was “wrong”
for the way I returned to the job. I told him I didn’t think
so, because in the USERRA Re-Employment Rights, it
says:
1. You have the right to be reemployed in your civilian
job if you leave that job to perform service in the
uniformed service, AND:
* You ensure that your employer recieves advance
written OR verbal notice of your service.
3 Sept., 2008. This morning, I am in Atlanta (Jonesboro)
once again, this time to go to the hearing in Magistrate
Court about late Child Support. I have been doing ALL
I can to get a job,and have only had 1 interview.(C.C.P.D.)
The hearing, AS USUAL, no one wanted to view ANY
evidence, receipts, or paperwork I had. It basically ruled
in her favor AGAIN. I told the Court that I didn’t neccess-
-arily want Ms Winfield locked up, but the harrassing calls
needed to STOP IMMEDIATELY. Nothing was done for
me not seeing my kids.WOW.
After the “proceedings” were over, I went to Prologix at
around 1:30pm. I called Towanna before I went, to see if
it was okay to come by. I took her a copy of my DD214,
along with a letter of explaination & request. She accepted
it, and informed me that she’d forward it to Corporate HR,
because it was still their decision on what to do.
7 Sept., 2008. I am still in Atlanta, due to having Drill
with my Unit, Sept. 5th thru the 7th. Once I was able to
get to a computer,that evening, I tried unsucessfully to log
on to OLIVR,the D.O.L. system where you do your Claim
Unemployment Benefits. I will try to get that corrected
when I return next week. Before I left, I checked my P.O.
Box and there was a letter from The D.O.L. with a date
for a Hearing, with myself, and Prologix for 15 Sept.
15 Sept., 2008 At approximately 08:20am, I received
the call from The Dept. of Labor. The HR person from
Prologix, Mr Vasquez, and Mrs. Glade, the person from
The Dept of Labor, who recorded the hearing. The emplo-
-yer’s HR alledged that I did not properly “give notification”
of my “intent to go on Active Duty” and that I also did not
give a specific date that I would be returning.I explained to
them that there was no way I could give an exact return date
because at that point and time, I did not have my orders yet.
(that date was on or around June 26, 2007) I had also put
in for some vacation time, Sept 10 thru Sept 21, 2007. I used
this time to get my personal business in order,and to pack up
household belongings. There were forms I had to fill out and
submit, in order to get this time off. These were submitted to
both Tracy McGrew, and Clarence Williams. They were then
signed and approved. He then told the interviewer that as of
August 28,2008, I was deemed “TERMINATED” because
of “Failure to follow instructions” At that point, I immediately
told Mrs Glade this was, in fact, the first time I heard that I
had been fired. I was just in the office with Towanna Johnson
and Mr Vazquez 2 WEEKS AGO, on 3 Sept., 2008 at 1:49pm.
I was there to submit a “formal” request for re-instatement
since they did not honor the verbal request I gave on 24 June.
Furthermore, I NEVER received ANYTHING from the job
stating that I was “laid off” when they were claiming I was
“still on the books” which is what they told Richard Wright,
who was “handling” the case. I also NEVER received any
type of notification that I had been terminated. If I had any
knowledge of such, WHY would I have even bothered to go
to the job, with a typed statement requesting to be re-instated
to my former position????
The letter, which I received, that had come from the Dept.
of Labor, also stated “The decision from this appeal hearing
may require the claimant to repay benefits already received.”
After this “hearing” I went to my Unit to let my 1st SGT
know what happened. While I was there, I also conferred with
SFC Lee, the Career Counselor. I was instructed to make an
appointment with the job, so I could go pickup the termination
paperwork. I called the job, and asked for Towanna (HR).
I explained to her what I needed, and she said they were not
handling that, and I would need to contact Kim Duskin, in the
Corporate HR, at (865) 588-0254. I made an attempt to reach
her at 10:07am. No answer, so I left a message with my contact
information. I then drove to the Dept. of Labor, to request the
same paperwork from them. The wait was “excessively” long,
so I waited there, and left at 1:39pm. I then called the job again
at 1:50pm. HR was not available, so I left a message, asking
them to call. At 2:15pm, I called Penelope at the USERRA
number I had called for help back in June. I explained to her
what happened, and she suggested I contact the National
Helpdesk for further assistance.
Around 3:10pm, I went to the Recruting Center where I had
initially enlisted. I was assisted by personnel there, who in turn
gave me the number to JAG at Ft. McPherson. I then called
the number,and found out I could do a “walk-in” appointment
at 07:30am. That will be my first stop tomorrow morning.
16 Sept., 2008 At Ft McPherson, Bldg. #41, the Post
JAG office, at 0730am, I spoke with the Receptionist and tried to
explain to her why I was there seeking assistance. I was told by
her repeatedly that “there was nothing they could do” as I was
trying to explain all the facts to her. The JAG person had not
arrived yet, and was running late, according to her. She finally
called the person on the phone while I waited in the hallway.
A few moments later, she called me back in and told me I
should let my lawyer handle it. I told her I did not have one, and
that is why I was there seeking help.She must have not gotten
all the facts correct as I told her. I once again tried to explain to
her, but she was starting to be a bit argumentive,as if I did not
know what I was talking about. She also told me that I had “No
need to be in uniform” which had absolutely NOTHING to do
with me being there. That was the only clothes I had brought
with me. She then handed me a list with some attorney’s names
on it, so I said “Thank You” and left the building.
At 09:15am, I called the National Helpline number I had been
given. I spoke with “David” and once again went over the whole
story. He also said “there is nothing we can do, you need to get
a lawyer”……
19 Sept.,2008 I called to Attorney Chuck Pardue, and left
my contact info for him. Still have NOT heard from Prologix at all
regarding my Layoff AND Seperation paperwork. I think they
are just “buying” time so they can “doctor” the files.
At 10:55am, I also called the Ft. Gordon JAG office, and was
given an appointment for Thursday, Sept. 25th at 11am.
25 Sept., 2008 I drove to Ft. Gordon, to the JAG office.
Once signed in, I met with Mrs. Arn, explained all that had
happened, and gave her a copy of my “timeline” of events. She
told me there was nothing we could proceed with until I got some
type of notice of the outcome on the appeal from the Dept. of
Labor. I explained to her that I’d have to wait until I went back
to Atlanta to check my P.O. box.
2 Oct., 2008 I arrived in Atlanta this morning, and went to
my P.O. box……There was aletter in it from the Department
of Labor Appeals. They stated that they were denying my appeal
based on the Employer’s information. I IMMEDIATELY e-mailed
Mrs. Arn, at JAG, Ft. Gordon. I then went by my Unit, and let
my 1st Sgt. know what was going on.
I then went back to the copy center, where I faxed the Appeal
to the number provided on the letter I recieved this morning. I
will be sending a copy by Certified mail, and also e-mail their
office a copy, to the e-mail adress on the letter.
At 1:12pm, I called the JAG office at Ft. Gordon, to see if I
could talk to Mrs. Arn. She was not in, so I left a message for
her, with my contact numbers. When i checked my AKO e-mail,
she had responded to the e-mail I sent her this morning.
She said that i needed to contact an attorney.
8 Oct,2008 Today is Monday, and while at Drill this
weekend, I let my NCO’s know what was going on. No one
seems to have any solution to my situation. Its like there
is never the right time to try to get help to resolve this.
9 Oct.,2008. The situation has now went from “bad”
to “worse”…….I found out today that the Dept. of Labor
has cut of my Unemployment.
10 Oct.,2008 I recieved an e-mail from Mrs Arn, the
JAG Rep. at Ft. Gordon. She sent me the name and phone
number of an Attorney, who I will try and contact.
I think that this is the same attorney with whom I had
tried to see before,on the 16th of September.
11:50am- I tried unsucessfully to reach the attorney at the
number provided. There was just a recording describing the
hours of operation,and services offered. I may just try to send
her my information by “snail mail”……….