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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/15/2005 7:28:17 PM EDT
Can a job make you reapply for your job if you took a military leave of absence?
Link Posted: 9/15/2005 7:44:17 PM EDT
I would say no. We had a guy at my former employer who was called up and spent a year in Iraq. When he came back home, he went right back to work without losing any of his seniority.



Vulcan94
Link Posted: 9/15/2005 8:18:32 PM EDT
I think the govt takes a very dim of such actions. I would report that company to the appropriate federal agency which will come down on them like "the sword of Damocles", then in the meanwhile look for a new job or torment your employer a bit.
Link Posted: 9/15/2005 10:24:17 PM EDT
Link Posted: 9/15/2005 10:36:05 PM EDT
If its the guard or reserves, they cannot take your job away, your position has to be maintained by the employer, now if you are going on active duty voluntarily you have to inform your employer with proof. They can take away your job but they have to offer you a similar position when you return, I will try to look up the time limits..
Link Posted: 9/15/2005 10:56:33 PM EDT
[Last Edit: 9/15/2005 11:01:42 PM EDT by liber45]
The Uniformed Services Employment and Reemployment Rights Act (USERRA) Concerns Veterans employee eligibility and job entitlements, employer obligations, benefits and remedies. If you are going to stay in the guard or reserve you need to know this law by heart, and yes they they can make you reapply hence the name Reemployment Rights Act It depends on the amount of time gone. the US labor Dept. Handles complants but you should have a ombudsman for your state, if you need add. help.
Link Posted: 9/16/2005 3:19:58 AM EDT
[Last Edit: 9/16/2005 3:30:10 AM EDT by taelil]

Originally Posted By warlord:
I think the govt takes a very dim of such actions. I would report that company to the appropriate federal agency which will come down on them like "the sword of Damocles", then in the meanwhile look for a new job or torment your employer a bit.



You would think they would come down hard but they are not. Companies are violating all kinds of Federal Law pertaining to Military members. Scratch through the surface and you would be infuriated.

Personally my experience with Sallie Mae. They refuse to honor my coverage under the Soldiers and Sailors Civil Relief Act. I meet every qualification, but they refuse. I now have a >180 day delinquency on my credit report that noone will assist me with. I am willing to make my payments as soon as they resume the coverage lowering my interest to 6%. I wont bore with details but I am basically screwed until someone starts cracking down on all this law breaking.

Military.com article

Link Posted: 9/16/2005 8:51:35 AM EDT
The U.S. Attorney's Office Southern District of New York handles NYC and is the top of the food chain for fed. laws and regs. You need to contact the U.S. Attorney for your area and force them to comply, sounds like a uninformed middle manger is causeing the problems and he needs to be set straight. It usually just takes a phone call from ATTY,s office to get them to comply.
Link Posted: 9/16/2005 10:08:24 AM EDT
Is it possible they are just wanting to update/maintain their personel file on you?

Something like "Yes, you can start tomorrow. But we would like to have a current application on hand."?
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