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Recent USERRA questions

Am I covered under USERRA when I preform additional duties

Am I covered under USERRA when I preform additional duties and additional work where orders are being issued? I am Air Guard and I am scheduled to preform additional days in addition to the one weekend each month and two weeks each year. If I were to provide notice, would that be covered?

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Marsha411JD

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Being a federal employee and drill status guardsman. I just

Being a federal employee and drill status guardsman. I just want to know if I'm protected under USSERAJA: Thanks. Can you give me any more details about your issue?Customer: I would like to go to drill but they are telling me I may not be able to be in two status' in one day.. How is this possible? They are trying to make me make up my drills on a different day versus going to drill right after shift. I do not want to make up my drills on my day off, I feel like I should not have to.JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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If a member of a police department is away on active duty

If a member of a police department is away on active duty and he will miss a promotional exam for Sergeant while away, does the following apply:Must he be give the opportunity to test while he is deployed or can individual take test upon return to police job?

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P. Simmons

Attorney

Doctoral Degree

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I am currently an enlisted member (E-4) in the Air National

I am currently an enlisted member (E-4) in the Air National Guard. I graduated from law school last year, took the bar exam, and now I would like to move on to bigger and better opportunities. I actually received a conditional offer from a law firm, but once they found out how much time I would have to devote to the Unit, they said no thanks. With my level of education and a professional license, is it possible to receive an early discharge?I understand issues like hardship, medical, commander's discretion, etc. I am just curious whether there is a hard and fast rule for my situation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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Is there a federal law that allows a person three days to

Is there a federal law that allows a person three days to process with the Armed Forces without consequence? I want to join the Army and need to take off work to process. if there is can you tell me the federal statute?

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P. Simmons

Attorney

Doctoral Degree

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I am a retired MSG. U.S. Army. I now have become a Business

I am a retired MSG. U.S. Army. I now have become a Business Representative for a Union in MD. The question is one of my members is a guardsman and did a double summer camp, returned and did back to back weekend drills. she also had a weeks vacation during the same time frame. Her employer is now telling her because she was away so long she will no longer have benefits. She is full time. Can you give me some direction so that I may respond on my members behalf to the company. Thank-You in advance Retired Msg. WM.KORTE'

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P. Simmons

Attorney

Doctoral Degree

35,142 satisfied customers
I singed 5 yr contract with and currently working for my current

I singed 5 yr contract with and currently working for my current employer (private civilian company). If I join army, can my employer sue me for breach of contract?

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Marsha411JD

Doctoral Degree

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I am currently employed at a large financial corporation and

I am currently employed at a large financial corporation and taking military leave starting next week. I am doing an ADOS tour and will be active status on Title 32. They are pretty good here as they approved the leave right away. They told me to fax them orders when they are cut(next week) and then they will approve full pay while I am on military leave. Now all they have told me every time I have asked is that military leave is paid for the duration of leave. They do not post a lot of their policies online so it's hard to find. Somewhere, it was old like 2009 it said full pay for involuntary military leave. But as of now no one has said that, they just said its a paid leave. I know that employers don't have to pay you but mine says it's a paid leave. My question is when they get the orders are they allowed to make the distinction as to if it was voluntary or involuntary. Isn't that against the law to separate the two in the case of a benefit. So if its paid leave regardless of which title I am on it should be paid leave.

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P. Simmons

Attorney

Doctoral Degree

35,142 satisfied customers
I am currently in the Alabama air national guard, my civilian

I am currently in the Alabama air national guard, my civilian job is with a government contractor. While deployed, a new employer will take over the contract. What are my rights, if any, when I return from my deployment.It will be a 6 month deployment and the contract will change 1 month after I leave for military duty.

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Marsha411JD

Doctoral Degree

18,798 satisfied customers
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