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  1. #1
    flybyfive's Avatar
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    Question for Guard members

    I just joined the Army NG, had a question regarding applications for government jobs (including and not including the FAA). I put on my app I am a military member. If they come offering a job, am I required to tell them about me leaving for basic training during the interview? Reason for asking is I interviewed at a private business, they offered me a job until I told him I would be leaving for basic early next year. Never mind, he said. I want to know what to disclose, and what doesn't need to be said. I can't find a whole lot of info as the USERA deals mostly with current civilian employment. Thanks for any responses

  2. #2
    DJatc's Avatar
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    Re: Question for Guard members

    that doesn't sound legal. i was told not to disclose any military information, only that you are in the guard.

  3. #3
    OrTgAsM's Avatar
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    Re: Question for Guard members

    Quote Originally Posted by flybyfive View Post
    I just joined the Army NG
    I'm sorry, should have joined the AG....

    Str8 from the Department of Labor. If your (maybe) employer showed you the door because of your intentions to military service, you have rights and should probably speak with an attorney.

    Employment Law Guide - Reemployment and Nondiscrimination Rights for Uniformed Services Members

    Basic Provisions/Requirements

    USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation. In addition, an employer must not retaliate against a person because of an action taken to enforce or exercise any USERRA right or for assisting in an USERRA investigation.
    The pre-service employer must reemploy servicemembers returning from a period of service in the uniformed services if those servicemembers meet five criteria:
    The person must have been absent from a civilian job on account of service in the uniformed services;
    The person must have given advance notice to the employer that he or she was leaving the job for service in the uniformed services, unless such notice was precluded by military necessity or otherwise impossible or unreasonable;
    The cumulative period of military service with that employer must not have exceeded five years;
    The person must not have been released from service under dishonorable or other punitive conditions; and
    The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable.
    USERRA establishes a five-year cumulative total of military service with a single employer, with certain exceptions allowed for situations such as call-ups during emergencies, reserve drills, and annually scheduled active duty for training. USERRA also allows an employee to complete an initial period of active duty that exceeds five years.
    Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA.

    I hope this helps...

  4. #4
    flybyfive's Avatar
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    Re: Question for Guard members

    Quote Originally Posted by OrTgAsM View Post
    I'm sorry, should have joined the AG....



    Str8 from the Department of Labor. If your (maybe) employer showed you the door because of your intentions to military service, you have rights and should probably speak with an attorney.

    Employment Law Guide - Reemployment and Nondiscrimination Rights for Uniformed Services Members

    Basic Provisions/Requirements

    USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation. In addition, an employer must not retaliate against a person because of an action taken to enforce or exercise any USERRA right or for assisting in an USERRA investigation.
    The pre-service employer must reemploy servicemembers returning from a period of service in the uniformed services if those servicemembers meet five criteria:
    The person must have been absent from a civilian job on account of service in the uniformed services;
    The person must have given advance notice to the employer that he or she was leaving the job for service in the uniformed services, unless such notice was precluded by military necessity or otherwise impossible or unreasonable;
    The cumulative period of military service with that employer must not have exceeded five years;
    The person must not have been released from service under dishonorable or other punitive conditions; and
    The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable.
    USERRA establishes a five-year cumulative total of military service with a single employer, with certain exceptions allowed for situations such as call-ups during emergencies, reserve drills, and annually scheduled active duty for training. USERRA also allows an employee to complete an initial period of active duty that exceeds five years.
    Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA.

    I hope this helps...
    This just pisses me off. I literally walked in, the guy offered me the job. I told him when BCT was, his next sentence was "well then, looks like I'll have to retract the job offer and go with someone else." Thanks for the info. As far as job interviews go, I guess I ought to disclose my orders if I'll be out of state on TDY's? Seems it would be better to wait until the job is offered, then at that point they're stuck with me.

    As far as NG vs. AG.... all depends on what you're going for, I guess. If you like being fat and treated like a civilian, Chair Force. If you like doing 6 mile ruck sack marches with a rubber duck M-16, Army it is.


  5. #5
    DJatc's Avatar
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    Re: Question for Guard members

    I'm contemplating this decision as well. I was gonna deliver pizzas for a couple of months until basic but if I tell the employer they're less likely to hire me, and try to find another reason why they didn't when we both know it was because of my obligation.

    *relaxes his fat ass on a chair with my feet up*

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