Posted: 1/13/2014 6:03:59 PM EDT
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Short and dirty.
I'm coming off active duty service and headed back to my civilian employer after almost 2 years. They're (company) telling me I will go back to training at the training rate of pay. I call BS. USERRA clearly states that I should be able to return to my job at the seniority and pay rate as If I never left. Seniority isn't the issue. Pay is. I don't mind doing training over at all as long as I'm making the appropriate rate! How should I approach this? PM's are welcome. I'd rather not name company. |
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Contact an ombudsman.
ETA: That appears to be Reserve and Guard. Hmm, I'm sure there is something similar for regulars. |
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Sounds like a userra issue.
There are certain very limited circumstances under which an employer may not be required to employ a returning veteran that would otherwise be entitled to re-employment benefits. An employer can deny re-employment if the employer's circumstances have changed so as to make re-employment impossible or unreasonable, if employment of the person would impose an undue hardship on the employer, or if the employment the veteran left was for a brief, non-recurrent period and there was no reasonable expectation that such employment would continue indefinitely or for a significant period. In these cases, the burden rests with the employer to prove the reason for the denial of re-employment. I practice in bham and, with the caveat that this really isn't in my wheelhouse, shoot me a pm if you want and I'll send you my work number. I can set you up with someone. I have a good friend that handles these type of employment matters pretty exclusively. |