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Posted: 5/4/2004 8:06:45 AM EDT
[Last Edit: 5/4/2004 8:08:09 AM EDT by Dog1]
Local Soldier Loses Job As Deputy While In Iraq
U.S. Dept. Of Labor Investigating
GREENVILLE, Ind. -- A local sheriff's deputy and military reservist says his former boss has stabbed him in the back by firing him while he served in Iraq.

Jeff Capehart, 33, joined the Floyd County Sheriff's Department in 1994 after serving in the U.S. Army during the first Gulf War. He joined the reserves in 1999 and was deployed to Iraq in Oct. 2002, WLKY NewsChannel 32's Maria Gum reported.

Capehart returned to Greenville, Ind., about two weeks ago, but he said he does not have a job. He said he received a termination notice after he was deployed last year, Gum reported.

"In June, I got a letter saying I was terminated, that I was no longer an employee of the sheriff's department, no longer an employee of the county, that my merit status had been removed," Capehart said.

Capehart said Sheriff Randy Hubbard's attitude toward him changed when he signed up for the reserves. He was told he would have to use vacation and personal days for military training and weekend drills, and he was removed from SWAT because he was told his military status made him unreliable, Gum reported.

"Sept. 11th happened, and I got activated for the Pentagon recovery," Capehart said. "The harassment really picked up. (Hubbard) wouldn't leave me alone."

After he was deployed in 2002, Capehart said he repeatedly informed Hubbard and other members of the command staff that he intended to return to work when his military service ended. Capehart said he did not get a response until the termination notice arrived in June 2003.

"(He's) saying he's supporting the people and then turning around and basically stabbing a soldier in the back while he's out defending his country," Capehart said of Hubbard.

The status of his job -- and his family's non-existent health insurance -- worried Capehart while he was in Iraq, he said.

Ironically, his assignment allowed him to take his concerns to the top: Capehart was placed in charge of the security detail for Elaine Chao, the U.S. Labor Secretary, while she was touring Iraq. As a result, the U.S. Department of Labor is investigating the Floyd County Sheriff's Office.

"It's my understanding if he doesn't comply with Federal law, it'll be turned over to the Department of Justice for litigation through them," Capehart said.

Even though he has returned to the U.S., Capehart remains on active military duty. He is leaving Wednesday for Washington D.C., where he will work in the security details for U.S. Defense Secretary Donald Rumsfeld, Gum reported.

The Labor Department has informed the Floyd County Sheriff's Department that Capehart must be rehired with full seniority and benefits at a pay rate that reflects all increases since his active duty leave, according to NewsChannel 32.

NewsChannel 32 was not able to reach Hubbard or other members of the Floyd County Sheriff's Office for comment, Gum reported.

The Uniformed Services Employment and Re-employment Act was enacted by Congress in 1994. it provides job protection and rights of reinstatement to employees who participate in the national guard and reserves, and it prohibits discrimination against those who volunteer for those units. The U.S. Department of Labor is responsible for enforcing the act.



I have worked with Jeff in the Floyd County Jail...he was my Nightwatch CO when I was a Corrections Officer...hell of a person and outstanding CO........The Sheriff here has really pissed off the entire county....
Link Posted: 5/4/2004 8:08:26 AM EDT
Uhhh...ain't that illegal?
Link Posted: 5/4/2004 8:09:30 AM EDT
Well...that stinks. Godspeed to him.
Link Posted: 5/4/2004 8:09:48 AM EDT
When is he up for re-election? And how much tax dollars will it cost the county to defend itself or will they do the right thing and re-instate him?

You have to wonder what the County Legal Staff has been telling the Sheriff?
Link Posted: 5/4/2004 8:10:16 AM EDT
Link Posted: 5/4/2004 8:13:45 AM EDT
I don't doubt that your buddy is a good guy, but what is the rest of the story? Is the whole county government doing this, just the sheriff's dept, or what? Did he piss off the sheriff? Something doesn't sound right.
Link Posted: 5/4/2004 8:14:46 AM EDT

Originally Posted By Dog1:
Ironically, his assignment allowed him to take his concerns to the top: Capehart was placed in charge of the security detail for Elaine Chao, the U.S. Labor Secretary, while she was touring Iraq. As a result, the U.S. Department of Labor is investigating the Floyd County Sheriff's Office.


As a wise man once said, "That karma shit is no joke."
Link Posted: 5/4/2004 8:15:31 AM EDT
[Last Edit: 5/4/2004 8:21:58 AM EDT by Dog1]
I have talked to a couple of guys I used to work with there and they have told me that the Sheriff is thumbing his nose at the Labor Department....


He up for re-election in 2 years...the shitty thing is he is a Republican....


Well Jeff is hard charger, and speaks his mind when things are not done right or a policy is counter-productive to the safety of the officers under his command....He does not tolerate fuck-ups and will not keep a person around if he cannot hack it.

He has ruffled a few feathers, but not enough to get fired. He never has not done his duty. Stand up all the way....if there is more to this, I cannot find it...and I talk to those guys almost 3-4 times a week...



There is no one else in the county structure that is in the military. He is the only one.


Link Posted: 5/4/2004 8:16:12 AM EDT
Very ILLEGAL. I smell a lawsuit. I can't help but think there must be more to the story...
Link Posted: 5/4/2004 8:19:34 AM EDT
Can you impeach a sherriff? If so, they get that S-O-B outta there!
Link Posted: 5/4/2004 8:20:11 AM EDT
Doesn't really matter what more there is to the story. That's fucked up, whether the sheriff hates the guy or not.
Link Posted: 5/4/2004 8:22:05 AM EDT
Fed DoJ is going to be all over this guy.
Link Posted: 5/4/2004 8:22:08 AM EDT

The Sheriff here has really pissed off the entire county....


It's gonna be the whole country by the time the evening news comes on.

Don't you just love how word spreads on the intraweb?
Link Posted: 5/4/2004 8:22:09 AM EDT
[Last Edit: 5/4/2004 8:22:53 AM EDT by eodtech2000]

Originally Posted By Dog1:
I have talked to a couple of guys I used to work with there and they have told me that the Sheriff is thumbing his nose at the Labor Department....


He up for re-election in 2 years...the shitty thing is he is a Republican....




He won't be thumbing his nose too long when the Dept. of Labor brings in some fellow agencies for a microscopic anal accounting of him and his dept! I like to see him thumb his nose at the Federal Judge who is going to reinstate the fired Deputy with backpay and make him like it!!!
Link Posted: 5/4/2004 8:23:47 AM EDT
True...I just hope that everything works out for Jeff....
Link Posted: 5/4/2004 8:31:35 AM EDT
On rare and special occassions, I start those nasty "forward this to everyone" emails. This is one of those occassions. Let's get foxnews on this one.
Link Posted: 5/4/2004 8:33:30 AM EDT
[Last Edit: 5/4/2004 8:35:47 AM EDT by sherm8404]
There are rights under the Soldier Sailor Civil Relief act. But an employer is under no obnligation to give you military days or continue your benefits. The termination is totally different. That is illegal.

We went through the same thing when my unit was activated. I don't see how he can say his health insurance is "non-existant", that's an outright lie. He has military health care for him and his dependents. I'm not saying it has all the benefits and quality of civilian insurance, but he has it.

I'm lucky enough to have a job where I get military days, my health insurance kept up while I was on active duty, and my pay did too. I just had to give my job back my military salary. I also had to get permission from my department to join the reserves. They can't make you not join, but they can deny you military days and make you use your own time to go to drills.


Fuck the Sherriff, hope that guy gets his job back.
Link Posted: 5/4/2004 8:50:12 AM EDT
The Soldier and Sailors Act says he will get his job back.
Link Posted: 5/4/2004 9:06:38 AM EDT

Originally Posted By Dog1:
He up for re-election in 2 years...the shitty thing is he is a Republican....


Well after all of these years, you learn to vote for the person and not the party. The voters should this throw this guy out on his ears, if not sooner. I wonder if there is a recall mechanism in Greenville, IN?
Link Posted: 5/4/2004 9:15:52 AM EDT
This is absolutely despicable, but I know of other incidents like this!

I am very concerned right now for a good friend who is a Sgt in our PD, and has been serving as a Major (Army, MPs if I was told correctly) in Iraq for almost a year. Last night I got some good news from a fellow LEO, that our friend is now in CO, still on active duty and may get released in the next month or two.

Our chief was an acting chief in another state during Gulf War I, and according to what I've been told by a few independent sources, he terminated two of his officers who were called up to GW I, apparently taking the position that they "had a choice" to serve their community or their nation and since they "chose" their nation, he was no longer obligated to keep them as town employees. Upon return from GW I, one of the officers sued and got his job back. I understand that the case is "required reading" for some law course that a Boston Detective told me that he took!

I wish Jeff well in fighting for what is right and I deplore those that have so little respect for our Country that they would make a hero go thru this sort of thing to keep their job. There is a very special place in Hell for these kind of "managers"/"bosses"!
Link Posted: 5/4/2004 9:23:44 AM EDT
The army has teams of lawyers ready for this kind of crap. Same thing happened in KS during GW1. Guy came back to his factory job to find he had been fired. Team of KANG lawyers decended on the factory. The company owner flew in (dunno from where) and personally terminated the personnel manager. Company settled also guarenteed he would not be terminated or transfered to lesser duties for atleast five years.

The only excuse the sheriff in this situation has is deputy didn't give proper prior notice of deployment. Otherwise, the sheriff may be looking at a heap of trouble and crow eating.
Link Posted: 5/4/2004 9:28:04 AM EDT
[Last Edit: 5/4/2004 9:30:06 AM EDT by Dog1]

Originally Posted By warlord:

Originally Posted By Dog1:
He up for re-election in 2 years...the shitty thing is he is a Republican....


Well after all of these years, you learn to vote for the person and not the party. The voters should this throw this guy out on his ears, if not sooner. I wonder if there is a recall mechanism in Greenville, IN?



Greenville is where Jeff lives...the biggest town is New Albany...Floyd is the county...just to clear it up....



You are right about the person not the party..however it's the Republicans that use the "We are for Defense and the Military" and here is a Republican that boots a soldier from his job when he is deployed......

Whats not in the story is that the County Attorney told the Sheriff that Jeff should be fired and when Jeff had asked for the status of his employment, the Sheriff just forwarded the memo from the County Attorny to Jeff....without so much as a letter or explaintion......
Link Posted: 5/4/2004 9:37:40 AM EDT
[Last Edit: 5/4/2004 9:39:14 AM EDT by Aimless]
Link Posted: 5/4/2004 1:10:29 PM EDT

Originally Posted By Aimless:

Originally Posted By bostonirish67:
The Soldier and Sailors Act says he will get his job back.



Actually it's the Uniformed Services Employment and Re-employment Act, I believe

www.taonline.com/veteranpages/reslaw.asp#law Not the best source but I was in a hurry. I think that's the one that says they have to hire you back. the Soldiers and Sailors Civil Relief Act temporarily stops civil actions against servicemen under certain circumstances, i.e. they can't foreclose on your home or divorce you while you are under arms abroad.



Aimless is right......that was enacted in 1972 I believe.....
Link Posted: 5/4/2004 1:25:53 PM EDT

Originally Posted By arowneragain:
Uhhh...ain't that illegal?


Yes but it happens all the time. They are careful not to link their actions to the Military service.
Link Posted: 5/4/2004 1:32:45 PM EDT
Can pretty well figure that Sheriff was never in the Military.

Time to vote his beuarocratic ass out!

Tj
Link Posted: 5/4/2004 1:32:51 PM EDT

Originally Posted By sherm8404:
There are rights under the Soldier Sailor Civil Relief act. But an employer is under no obnligation to give you military days or continue your benefits. The termination is totally different. That is illegal.



That's the reply I was waiting to read. Pretty sure Soldier & Sailor relief Act covers him on this and he can probably get them in a heap of shit if he has all the documents in order. Tell him to call JAG and see if they can represent him considering the case will be built around military stuff.
Link Posted: 5/4/2004 2:02:49 PM EDT
Time to tell this jack ass what we think of him.


Floyd County Sheriff's Office

Sheriff
Randy D Hubbard

311 W 1st St # 151
New Albany, Indiana 47150
(812)948-5400
Link Posted: 5/4/2004 2:24:08 PM EDT
that is some bullllllllllllllll shit, the sheriff should be honored to have a deputy that served his country
Link Posted: 5/4/2004 2:27:51 PM EDT

Originally Posted By Dog1:
He up for re-election in 2 years...the shitty thing is he is a Republican....



Duh ! Some Republicans DO shitty things.
Link Posted: 5/4/2004 2:35:31 PM EDT
Link Posted: 5/4/2004 4:05:21 PM EDT
Definitely Shu-itty, but what's worse is that when he does get his job back, the repercussions and underhandedness will really start. Happens in Vigo county every 4 years, new man in charge, every Deputy to support the opp gets realigned shifts etc. And that's without a Fed lawsuit.
Link Posted: 5/4/2004 6:20:28 PM EDT
There is no requirement to give warning of a deployment. However common courtesy says you make it as easy for your employer as possible. That said, my division Manager found out by seeing me getting interviewed on TV when I got activated, said he almost choked saying "NO" and calling his wife to the TV at the same time.

I relieved our Assistant HR Manager who was at my initial mobilization site for a 2 week exercise and his unit went home. And our #2 Attorney and #2 Marketing Manager both got activated so it wasn't a surprise that they got things right. We had a total of 200 employees directly involved, 78 were field engineers and the rest mobilized. So we got things right.

I ended up talking to the Chief of Staff of a Senator that called my boss regarding a guy that had lost his job. He was hired for a specific program in another division at a field location only for the duration of a program and it terminated while he was gone. (Going away on voluntary mobilizations totaling 14 months, 5 months involuntary mobilization in a 24 month program is a little stretching it.) We didn't have to rehire him, it would have been a piece of cake to show that the job had gone. In fact almost all his program co-workers were laid-off, only the few from the parent company that were loaned in were retained and sent elsewhere. Well we found 2 jobs he was qualified for, he chose and we paid his relocation to one of them and then he went on another 5 month voluntary trip. Well we had to replace him with no notice. He got the other job and didn't like it and complained to his Senator. I got to field the call from the investigators. Once he found out our side from me, (11months o'seas ODS) and our lawyer (6 months o'seas ODS Army JAG Lt. Col ), they wanted to hang him too.

But in general you must return the military person to the job he/she left or where they would have been had normal progression occurred. which can include lay-offs.
Link Posted: 5/5/2004 5:48:22 AM EDT
Just wanted to update you that Jeff is back on duty in the Protection Detail for the Rumsfeld...the out pouring of support here has been over-whelming for Jeff and bashing the Sheriff......

To all that posted here with thier support...thanks...

Link Posted: 5/5/2004 6:02:40 AM EDT
Read the story again. Sheriff Randy has fucked up big time. The full wrath and power of the Us Dept. of Labor is about to crash down on his dumbass head real soon.

What really bugs me and ought to concern the folks who live in his jurisdiction, is his lack of foresight and measured decision-making. Ol' Randy is clearly not thinking his decisions through to their logical conclusion before jumping.

We are at WAR. This deputy, while clearly a valued member of Randy's force, is also a sworn member of the United States military. His military service has priority over his valued paramilitary service as a lawman. That fact has been proven in court many times. It is not in dispute and the sheriff has no legal grounds to stand on. Further, under the Uniformed Services Employment and Re-employment Act, the sheriff is obligated to give Jeff his job back.

I sense lots of trouble for this lawdog is fast approaching. The USDL, the military JAGs, civil lawsuits, and the media are all about to descend on this fool.

Pass the popcorn!
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