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Recent USERRA questions

Should I accept a company who violated userra, their offer

Should I accept a company who violated userra, their offer to pay what they should've paid. Or should I refuse this offer and take the matter to federal court in new mexico

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BusinessResourceLaw

Principal/Attorney at Law

JD

30 satisfied customers
Is my employer required to pay me my standard wage for my

Is my employer required to pay me my standard wage for my OCS training and active duty 2 week reserves service in the Navy Reserves??

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Marsha411JD

Doctoral Degree

19,806 satisfied customers
I work for the federal gov't.. on 21Nov I reported I had

i work for the federal gov't.. on 21Nov I reported I had PTSD and several physical injuries from combat deployments in Iraq and Afghanistan. I've been removed from my supervisory position yesterday, stating customer complaints and non response to emails.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WA "grounds of communications and complaints"JA: Is the employment agreement "at will," union, full time or part time?Customer: full time, union I was wondering if I can find anything for USERRA or disability act..JA: Anything else you want the lawyer to know before I connect you?Customer: should be it.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,420 satisfied customers
I work for a company that has recently decided to do away

I work for a company that has recently decided to do away with positions in the hospital. This will affect four employees total. Three of which have already been told about their position either changing or being done away with all together. One employee has not been told at all. This position will no longer be valid effective January 29, 2017. Our manager informs this one employee that she needs to stop asking questions about her job and badgering employees trying to find out if she will have a job at all in the coming weeks.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: What is the time frame in which an employer must let their employee know that their job has been eliminated? As it stands this employee will find out Monday afternoon that she will no longer have a job effective the following Sunday.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I'm sorry, I live in Arizona.JA: Has anything been filed or reported?Customer: As of right now, this employee has not reported anything to the CNO. I am her clinical supervisor and I am trying to help her in anyway I can.JA: Anything else you want the lawyer to know before I connect you?Customer: Apparently this employee is in corrective action of some sort. Not sure what it is or if it has anything to do with the decision that the manager is making about not telling her.

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John

Attorney

Doctoral Degree

9,684 satisfied customers
It has to due with workplace. I have an employee who is in

It has to due with workplace. I have an employee who is in the army reserves. I know in the past other employees took of 1 weekend a month and 2 weeks per year and that it did not effect work. I have 1 employee who is constantly taking off for drills that i di not think are mandatory for him to miss work. He presents letters but i do not feel they are legitimate. How do i go about finding out what the actual law is on time of for military reserve?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: That would be it. Thanks

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,420 satisfied customers
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

18,930 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

19,806 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

18,930 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

18,930 satisfied customers
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