Saving Soldiers' Jobs

washingtonpost.com ^ | August 4, 2007 | Amy R. Gershkoff

[B4Ranch]

For tens of thousands of members of the National Guard and reserves who are called up to serve in Iraq, returning home safely may be the beginning -- not the end -- of their worst nightmare. Reservists lucky enough to make it home often find their civilian jobs gone and face unsympathetic employers and a government that has restricted access to civilian job-loss reports rather than prosecuting offending employers.

[B4Ranch]

Please read the rest of the article, make some calls and demand help for our troops.

[xcamel]

I’m betting you’ll find this mostly — if not all — in companies run by liberal moonbats — or ‘cindy sheehan’ types in the HR dept.

[af_vet_rr]

Not all companies can be like Sears, and unfortunately because of the nature of the wars we are engaged in, and because of the reliance on NG/Reserve troops (thanks President Bush and President Clinton!), we now have Reservists and NG members who are on their 2nd, 3rd, 4th, even a few on their 5th tours, and at some point the business have to be cut some slack - it's unrealistic for them to hold jobs for Reservists/NG members who are for all intents and purposes on active duty for several years at a time.

Don't get me wrong - they should hold the jobs as required for a year or two, but like I said, when you get into multiple tours, at some point they stop being NG/Reserve members and should be considered active duty.

[Vn_survivor_67-68]

It seems to me that this ought to first directly involve the Dept of Labor, rather than DoD (and VA?) and Justice right out of the chute.....

[mbynack]

Reservists and NG members who are on their 2nd, 3rd, 4th, even a few on their 5th tours, and at some point the business have to be cut some slack - it's unrealistic for them to hold jobs for Reservists/NG members who are for all intents and purposes on active duty for several years at a time.

This is an unfortunate fact. I don't see a good answer to the problem. A small business can't afford to hold a shift supervisor position vacant for two years while a guy is deployed. If companies are told that they have to hold the positions open, they're going to figure out legal ways not to hire members of the Guard and Reserve.

[af_vet_rr]

You are talking about relying on our federal government to help soldiers out, and we all know the federal government is not exactly efficient or supportive these days (and I would argue they never really were to begin with, it is the federal government after all).

The best route is publicity. Companies can hold jobs for Reservists and NG members - Sears does it, and it's an important part of their image. I'm sure there are companies that would not want this to be held against them if they are not like Sears and instead basically fire their Reservists/NG employees.

On the other hand, as I said, I think the legal limit of 4-5 years for holding civilian jobs is a bit too long. Not just because it's unrealistic (especially with smaller companies), but because it will deter employers from hiring NG/Reservists in the future.

After all, we are in a war without end, and it is now a given that NG and Reservists will be called up every few years if not sooner. If we keep calling these folks up, NG/Reservists are liable to not be hired in the first place because some companies can't or won't deal with them.

[B4Ranch]

A multi national world wide corporation isn’t all that patriotic when it comes to support our troops either. Now the US dollar is a different matter all together. They’ll get right down in the mud for those.

A few hints from our government officials would do some good too but when you have folks who think enhancing globalism is more important than sovereignty, well .......

Just the same, I made four calls to DC to let them know what I think.

[af_vet_rr]

If companies are told that they have to hold the positions open, they're going to figure out legal ways not to hire members of the Guard and Reserve.

You said in one sentence what I said in a paragraph or two. We are reaching a point with our Reserve/NG troops where employers are just not going to hire them. A friend's son in the Army Reserves has spent about 30 months out of the last 4 years in Iraq and Afghanistan, and his company cut his position (technically they didn't fire him, they eliminated his job and moved parts of it under other positions). This was in New England, but it could have been anywhere.

It's one thing in late 1990 to get called up to go fight in Iraq and come home the following summer in '91, and another thing to go overseas in 2003-2004 and 2005-2007 with the potential of returning early next year (which is what it's looking like for him). I told him to just go active duty and get his service over with, if it's causing that many problems for him and he wants to be done with it. It's not his fault, and he acknowledges that he knew that it might happen (he enlisted post 9/11).

We made a lot of changes in the early to mid '90s that reshaped our military, as well as scaled back, and the current President Bush has shown no interest in actually expanding the active-duty military. As a result, you are going to see this for the time being.

[Don Corleone]

Doing jobs that “Mexicans” can’t do????? /sarc

[strider44]

This is a tough problem. I speak as a Major in the National Guard that just did 15 months in Iraq as well as a small business owner. I’m in the Guard, and I probably wouldn’t hire a Guardsman (if all other factors are equal). I can’t afford to keep a guy that’s gone for multiple tours. Just can’t do it.

Larger companies it’s a differenent story. I worked for Procter and Gamble for three years and they were very good to us. Not only did they keep our job for us while we deployed, they made up the salary difference if you lost money due to the deployment. That’s a $40 + billion-dollar company though.

My company is 6 employees and less that $1 mill in sales. I walk a stressful fine-line everyday. We almost didn’t make it through my own deployment (the business). Luckily my business partner kept us afloat.

But remember folks, this is America, I chose to leave the cushy corporate job to start my own business. I also chose to stay in the Guard. Life is tough sometimes, and I tend to side with the employers now that I’m in that boat.

[AuntB]

BTT for our troops!

[DirtyPigpen]

Overview of USERRA
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans’ Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.

The Department of Labor has issued regulations that clarify its position on the rights of returning service members to family and medical leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA). See 20 CFR Part 1002.210.

USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country’s uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. It also provides employees with Department of Labor assistance in processing claims.

USERRA covers virtually every individual in the country who serves in or has served in the uniformed services and applies to all employers in the public and private sectors, including Federal employers. The law seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability.

USERRA is administered by the United States Department of Labor, through the Veterans’ Employment and Training Service (VETS). VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about the Act to employers. VETS also assists veterans who have questions regarding Veterans’ Preference. For more information, please visit the Veterans’ Preference Advisor.

This USERRA Advisor has been designed to answer questions about the rights and responsibilities for both the employee and employer. For additional information, please contact your local VETS office.

Not sure if the above works as well as it should.

[Roses0508]

After each of his two deployments, my son had to “remind” the HR department to maintain his seniority standing and other benefits. Since he is an RN in civilian life, they are happy to have him back, but managed to treat him as a new hire both times until “reminded”.

He has “lost” his place for promotions though and at least one HR person has straight out told him that department heads don’t want to promote Reserve members - they’d rather promote someone they know won’t be called up for active duty and be gone for 12 to 24 months.

My son is really too old and injured to be a combat medic any longer, so he’s wrestling with how he can serve his country. He’s considering medical school - specializing in trauma.

[2banana]

The sad reality -

Those who work for local, state or federal agencies often “double dip” getting both Army and civilian pay (hey, it is only taxpayer money) while deployed.

While those who work for small business or for themselves lose everything.

And yeah - I have seen it.

[Albion Wilde]

Thank you for your service, strider44!

[\/\/ayne]

Seems like in many cases you could hire a temp worker or explain to the replacement that he or she only has that job until the reservist comes back. Then if you have a job for the replacement, fine. Otherwise it's the replacement that loses the job. What's so hard about that?

[B4Ranch]

That’s the way I would handle it and if the ‘new employee’ proved to be a good worker, I would make sure I made a position for him/her.

[NerdDad]

I joined the Air Force in 1977 and got out at the end of 1984. Prior to joining the AF I worked for A-1 Construction in Kermit TX. Right after the holidays, in early Jan 1985, the company contacted me and asked if I wanted my job back. That is despite having filled out the necessary paperwork during my separation stating that I already had a job and did not wish to invoke the “Soldiers and Sailors Act”.

Granted, that was a long time ago but it impressed me that they would be willing to give me back my job after 7 1/2 years. Sidebar: Hindsight being what it is, I probably should have taken them up on their offer.

[noamnasty]

So if you defend their rights here your liberal ? I am all for the FReepers rally’s and if one gets close I’ll be right there with you standing up for my troops. But these injured troops can’t eat our flags ,some can’t even wave them because they have lost their arms .

They deserve better than this when they come home, at least give the same kind of care the republicans and democrats give the illegals and the muslims ! Now that Bush and company are bringing in about 100,000 more ‘ refugees ‘ from Iraq there will be even less funds available to help out troops .

[xcamel]

What the hell are you talking about?