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Recent USERRA questions

I feel I was wrongfully terminated by my employer due to

I feel I was wrongfully terminated by my employer due to military leave time. I've worked there over 3 years. I recently(within 6 months) had 4 military leaves. Two 8 day leaves, a 4 day leave and a 21 day leave. My most recent leave ended October 28th and I went back to work as usual. Then on November 16th I was called to the office and terminated for not providing copies of my military orders. But what I've found so far according to the userra act, states that leaves less than 31 days don't require me to provide orders to my employer. Is this true? And can i recieve back pay or some type of compensation for these 2 weeks I've been out of a job

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I am almost 36 yrs old, have a bachelors degree in business

I am almost 36 yrs old, have a bachelors degree in business and make very good money working for a major oil company. I learned that the military raised its 'guard requirements from 35 to 42 yrs old. I am interested in doing this, is there a law that my employer must follow to allow me to leave to attend basic training for 9-10 months?

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Marsha411JD

Doctoral Degree

18,828 satisfied customers
I run my own small business in Illinois. I have a worker who

Hello,I run my own small business in Illinois. I have a worker who has to leave early on one Friday a month for drill for the national guard (the kid is 19). He called me Friday morning last week saying his drill time was suddenly changed and would have to miss all of Friday. To me, this doesn't seem like something the national guard would do, giving someone that short of time to change plans and especially when they have a job. This kid is a little sneaky and has lied to get out of work before. I was wondering if the nation guard drill times can be changed like that on short notice leaving an employer high and dry without an employee or if this could be another inscident where he just didn't want to work?I also wanted to know if I have someone quit after we get laid off for the winter, if they still get to collect unemployment? And if they quit right before we get laid off, can they collect unemployment? Can I fire someone who is talking about quitting but hasn't yet?Thanks,Jon

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
******Uniformed Services Employment and Reemployment Rights

******Uniformed Services Employment and Reemployment Rights Act (USERRA)******* 1. I am a full time Police Officer of the Los Angeles Police Department (LAPD). 2. I am also a member of the Navy Reserve, and I just completed a 2 year mobilization Tittle10 orders. 12DEC2013 to 10FEB2015. However, I am on terminal leave until 11MAY2015. 3. I was ordered to come back to work by the LAPD on 23MAR2015, and I have been at work since then (2 weeks). 4. Today, someone realized that I was on terminal leave, and Iwas asked "to go home and come back at the completion of my terminal leave, because i couldn't double dip." 5. NOT COOL, AND NOT RIGHT. QUESTIONS: 1. Can I return to work to law enforcement (LAPD), while on terminal leave from the Navy? 2. What section ofUSERRA stays if yes or no?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I worked as a Paramedic for several years. While being currently

I worked as a Paramedic for several years. While being currently certified in the State of Nevada as a Paramedic I was working in Baghdad as a remote duty medic for a civilian contractor. During that time I was diagnosed with PTSD. My license in Nevada expired on 02/01/2012. During my recovery I was unable to continue my certification requirements so my license lapsed. When I went back to the Clark County EMS office and asked how to recertify they informed me that I would have to start all over and go back to school. I informed them that I was disabled at the time of my license lapsing and was unable to recertify due to that. There response was; that does not matter, you have to start all over and go back to school. Is this legal? Or do I have some type of recourse to get my license back?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
Hello, One of my employees enlisted. Are we obligated to hold

Hello,One of my employees enlisted. Are we obligated to hold his job ? Additionally his job is in the service industry. We had to fill it to handle his patient load. thank you.

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
Hello Tina, we are a company with 43 employees. By law, what

Hello Tina, we are a company with 43 employees. By law, what employee notices must we post in the workplace such as minimum wage, FMLA, etc. Thank you, Barry

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Tina

Attorney and Counselor at Law, Mediator

Doctoral Degree

30,302 satisfied customers
We are a temporary employment agency with only 7 people on

We are a temporary employment agency with only 7 people on our W2 payroll. We get temporary staffing needs from our clients, and we find the right person from the market, client interviews them and if they like them, they start there assignment. Client pays us, and we in turn pay the candidate on either (a) W2 hourly basis (b) 1099 basis (c) “Salary basis with medical insurance and paid vacations.” Note these positions with our clients can run for multiple years are candidates work at client site for 40 hrs/week Mon-Fri for multiple years. They do not work at our office.My questions is, what are our obligations under USERRA, if the candidate is called for active duty. (1) If our client does not re-instate his assignment after he comes back from active duty, can we terminate his employment because of lack of work once he comes back from active duty.(2) Is it valid under USERRA to write a contract which states that they will only be paid while he is working at the client. And if there is no work or client, they will not be paid even after coming back from active duty.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
my 25 year old daughter was just fired on monday may 13 2013

my 25 year old daughter was just fired on monday may 13 2013 from caterpillar in williston north dakota for having too many medical appointments directly due to her service in the u.s navy.she showed them letters from the navy directing her to show up for medical appointments for possible squamous cell cancer and was fired for missing too many days from work for government ordered medical visits hundreds of miles away which could not be met without time off from work.

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wallstreetfighter

Attorney

Doctoral Degree

18,022 satisfied customers
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