National Guardsman laid off after duty

Is this going on anywhere else?

While I certainly appreciate whatever service he put in with the Guard, his layoff at Bell South would have been by seniority. Since he only had 2 years service he would have been one of the first to go.

Verizon has been rumoring layoffs for 5 years and less for over a year now. Haven't done it yet.

Is this going on anywhere else?

Yes. There are a lot of people being laid off these days.

This is illegal, their job has to be waiting for them when they return. I'll research the law on this.

You are correct. It is the law. Many years ago, I lost my job to a returning vet. There were several jobs that were essentially the same, but before he left for Vietnam, he had my exact job on my shift. I was out the door.

Happens all the time, Soldiers and Sailors Relief Act notwithstanding, usually due to a lack of communication and understanding between the employer and the Reservist/Guardsman. Sometimes it's a convenient way to get rid of a problem employee who happens to be in the Reserve or Guard and sometimes it is a case of nepotism/favoritism on the part of the employer. It's really a case by case issue and a hazard that goes with the duty.

Waldock's military service had nothing to do with his pink slip, BellSouth says.

BellSouth lies and they better watch their step in this regard.

Yeah, there are no other telecommunications firms laying off people. They're doing record business.

SARCASM, it is.

You are right - it is the law. The national guard folks are required by law to have their original job, or a job equivalent in title, responsibilities and the same pay, to be offered to them when they return from duty.

I'll also post a link:

Employment law protects Guardsmen during mobilizations

By 1st Lt. Steven Alvarez - Florida National Guard

ST. AUGUSTINE, Fla. -Florida National Guard personnel mobilized for military operations in the aftermath of the Sept. 11 terrorist attacks should be aware of employment laws designed to protect them. The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted by Congress and signed into law by President Bill Clinton on Oct. 13, 1994.

The laws were enacted to protect members of the Guard and Reserve components, but also to address the concerns of civilian employers who often experience hardships when members of their staff were recalled for military service. According to the National Committee for Employer Support of the Guard and Reserve (ESGR), a Guard member is eligible for protection under USERRA if the individual has a civilian job and provides timely notification to the employer of military duty. Upon completion of their tour of duty, Guard personnel must report back to their employers for reemployment in a timely manner. Reemployment rights are extended to individuals even if the civilian job is described as “temporary,” unless the employment was for a brief period with no reasonable expectation of continuance for a significant period of time.

The Act stipulates that employers cannot discriminate against Guardsmen because of their military affiliation or military service. Florida soldiers and airmen should know that there is a five-year cumulative total of military service an employer is required to support.

In order to foster good relations between an employee and an employer, soldiers and airmen should inform their employers that they are being mobilized prior to going on duty, if time allows. This can be done verbally or through written notification. Employers should be given “windows” of anticipated military service. If a military reservist is notified of involuntary recall, their employers should be notified immediately.

“Having an experienced, knowledgeable employee removed without any notification affects our whole system,” said Jim Hopper, a senior vice president with Tree of Life, Inc., a food distribution company in Florida that employs Florida Guardsmen. “We have built in buffers to cover illness, special projects and employees leaving the company, but there is a limit to how much buffer a company can afford. Prior notice helps immensely,” he added.

A common misconception within the Guard ranks is that volunteering for duty leads to adverse actions. USERRA guarantees there is no differentiation between voluntary and involuntary orders. Under the law, all personnel are covered if basic eligibility requirements are met. Guard personnel should not mislead employers.

“Soldiers should work closely with their employers, keep them informed, and be considerate,” said Maj. Elizabeth Masters, an attorney with the Florida National Guard’s judge advocate general’s office in St. Augustine. “Soldiers are protected by the USERRA if they voluntarily enter active duty. Many employers believe that soldiers who volunteer for duty are not covered by USERRA. This is incorrect,” Master said. “Once orders are published, the service is no longer voluntary, but mandated.”

Once a tour of duty is complete, Guard personnel should return to their employers in a timely manner. Failure to meet this USERRA requirement may cause them to be subject to employer personnel policies and practices for unexcused absences. Time limits for returning to work depend on the duration of the orders.

“USERRA is very broad in its scope of coverage and the Departments of Labor and Justice are serious about enforcing it,” Masters said.

Generally, personnel should return to work 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, if the duty was one to 30 days in duration. Service of 31 to 180 days requires an application for reinstatement be submitted not later than 14 days after completion of military duty. If a Guard member has served for 181 days or more, a reinstatement application must be submitted no later than 90 days after completion of military duty. The only exception is if the employee is injured during military service, then the reinstatement may be extended to two years.

“Employers can help by working with the Guard in resolving issues that arise…let the employee know that their jobs are waiting on them when they get back and that you will not penalize them for serving their nation and state,” Masters said.

An employee will not be considered absent from the workplace if the only reason for that absence was service in a uniformed service. A returning employee must be allowed to:

· Contribute to the pension plan any amount that would have been contributed had the employee not been absent.

· Be reinstated with privileges and status the employee earned by length of service.

USERRA does not require an employer to continue pension contributions while the employee is away from the work site. In addition, if an employee serves for less than 30 days, health benefits continue as if the employee had not been absent. However, if the absence is 31 days or more, coverage stops unless the employee elects to pay for cobra-like coverage for a period of up to 18 months. Health insurance must be reinstated the day an employee is reinstated with no waiting period.

The National Committee for Employer Support of the Guard and Reserve recommends that Guard members maintain a good rapport with their employers and work toward easing deployment issues in an organized and professional manner.

“We absolutely believe in our military…and support all of our employees that make that sacrifice and extra effort to be special people, members of the armed forces, Reserves, Guard—ready to defend our precious freedom, at all cost,” Hopper said.

For more information on USERRA visit the ESGR at www.esgr.org

The article I posted above is available HERE.

See my posts #11 and #12 about the actual law in this area.

Also see the "LAW" topic on the sidebar of this site: EMPLOYER SUPPORT OF THE GUARD AND RESERVE

Or, just click HERE.

From the article I posted above:

Reemployment rights are extended to individuals even if the civilian job is described as “temporary,” unless the employment was for a brief period with no reasonable expectation of continuance for a significant period of time.

A longterm "temp" assignment, it seems, would be covered by law.

That's not at all the impression I got from reading the article:

Waldock, a two-year employee at BellSouth, was laid off Monday after his two-month stint guarding Palm Beach International Airport.