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”……….