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Recent USERRA questions

I am currently on an involuntary mobilization to Kuwait.

Hello. I am currently on an involuntary mobilization to Kuwait. During this mobilization, I reached and exceeded 18 years of Total Active Federal Service and am now eligible for Sanctuary. I am also a Department of the Army Civilian employee, and I took a military leave of absence for this deployment. Sanctuary is automatic, but I must submit a package with the required paperwork.My question: if I apply for sanctuary, is my DA Civilian job still protected under USSERA? In other words, technically I am volunteering for another 14 months of active duty instead of my current status of non-volunteer for this deployment.What are my rights here? It will factor in my decision making. For your information, I am currently 6 months into the deployment so I have not used anywhere near the total of 5 years.Any help and/or information is deeply appreciated. Thank you.

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P. Simmons

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Im currently in the NationaI Guard, if a job application

Im currently in the NationaI Guard, if a job application asks for military backround "are you active currently in the military", do i have to by law state that im currently serving in the NG? Personally id rather not unless i absolutely have to. Also, if i tell my future employer later on that im in the NG, can they fire me because i didint put it down on my job application?

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P. Simmons

Attorney

Doctoral Degree

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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

Doctoral Degree

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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

38,274 satisfied customers
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

38,274 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

19,720 satisfied customers
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