Replies

Isn't this illegal?

And even if it's not, it's skanky.

My company, not known for it's moral behavior ::rolling eyes:: is holding my friends job open for him - he's a NatGuard helicopter pilot deployed overseas for the next 6 months. They are filling it with temps instead.

LQ

Isn't this illegal?

Here's the web address to answers:

http://www.esgr.org/employers/thelaw.asp

I tried posting as a link but it won't open.

Yes, it is illegal to fire someone, when they must leave their regular jobs, due to callup from the reserves....

My husband just retired from the reserves, and he thinks that its within the last 10 yrs, that a law was enacted, preventing companies from firing reservists who get called up...

I remember when working at a nursing home, one of our aides got a phone call at work, that she was being activated, and to get herself and gear together and report in...this happened at the beginning of her shift..one of the lunkhead RNs had a fit, and demanded that she finish her shift...she said of course, you call my unit and explain why you want to try to make me break the law, and explain to the nursing home, why they will be the subject of an inquiry and possible lawsuit...

Needless to say, the RN shut up and let her go, as legally she had to do...

Even, if it wasnt against the law to give away the jobs of reservists who are called up, its just plain tacky, and in my mind, unpatriotic....a company willing to allow a person to go to war and protect this nation, but unwilling to give that person their job back, is a company unworthy of having my business....

Isn't this illegal?

The only loophole I found from the following link, http://www.esgr.org/employers/thelaw.asp is the following: Notice. Under USERRA, you (or an officer from your command) must give your employer advance notice (either written or verbal) of upcoming military service of any type. Otherwise, you will not be eligible for reemployment protection following the period of military service. The only exceptions to the notification requirement would be if the giving of notice is precluded by military necessity (e.g. a classified recall) or if it is otherwise impossible or unreasonable to give notice. These exceptions to the notice requirement are expected to be very rare. Your best course of action is to give as much advance notice to your employer as possible. For an example of a notice letter from a commanding officer (in MS Word format), click here. I'm sure that Pep Boy's was given plenty of warning.

Yes, this is illegal. And ditto on boycotting Pep Boys. They are retards if they thought they could get away with this. And as the fiance of a Marine Corps Reservists, I despise the fact that they even thought of this!

By law, an insitution (job or college) must hold the reservist's place open for 2 years. They can fill it with others, but as soon as that reservist comes back down to reserve status, they must be given their spot back, if the reservist so wishes.