Situation help

[Guest]

Ok I'm leaving for 4 to 6 weeks for training for Army guard. I leave on tuesday morning and my boss decided to put me on extra hours and on a diff shift. I normally work 2400 to 0800. Now he put me working 1600 to 2400 till the day I leave. My wife is beyond POed I mean as you can tell from my name we are both Cajuns and if anyone knows a true Cajun knows our temperaments. Not ones to be getting mad (especially the women) well to get to the point is there anything saying we have to be allowed off before to spend time with our families I'm asking because I was active air force before and new to this guard stuff. And i figured id ask on here cuz Most every one here knows where I'm coming from. That and I just need to vent about how stupid my boss is. Would much appreciate any input on the situation even if it's that I'm up poop creak with no paddle or boat. Thank you.

[River_Rat_459]

The short answer is "not really". While the Uniformed Services Employment and Reemployment Rights Act (USERRA) has protections for service members in terms of keeping their jobs during and after military training, deployments, etc., there really isn't anything in there saying your employer has to give you time off before you go to training. That is something you will have to work out with him/her.

You can go to this site: http://www.esgr.org/Site/USERRA/tabid/75/Default.aspx to learn some facts about USERRA. You may want to bookmark the www.esgr.org website, as it contains a lot of good information about employee and employer rights and responsibilities.

Finally, you may want to take a gamble and give your state ESGR ombudsman a call. The ombudsman may (or may not) be willing to go to bat for you and negotiate with your employer to allow you some time off. Be aware that normally their responsibilities are limited to resolving conflicts when service members have a conflict with their employer over employment status. At least that's been my experience. You can check the site for the name/phone number of your local contact.

ESGR Ombudsman Services Program

The ESGR Ombudsman Services Program was established to provide information, counseling, and mediation on issues related to the Uniformed Services Employment and Reemployment Rights Act (USERRA). ESGR Ombudsman Services consists of a Customer Service Center to answer phone calls and e-mails involving USERRA questions. Specially trained Ombudsmen are available to assist members of the Guard and Reserve in resolving disputes with their civilian employers related to military service in the Uniformed Services through mediation. ESGR Ombudsmen are volunteers located throughout the US and US Territories.

ESGR’s Customer Service Center is available for anyone with a USERRA question. ESGR’s Customer Service Center can be reached Monday thru Friday (except Federal Holidays) 8AM to 6 PM (EST) at 1-800-336-4590 (option 1), by e-mail, or by submitting a USERRA Assistance Request online.

When a conflict arises, at the request of a servicemember a local ESGR Ombudsman can be assigned to assist in resolving the dispute or conflict through mediation. The ESGR Ombudsman will remain neutral, listen to what the servicemember (employee) and employer have to say and provide them information from USERRA and/or the US Code of Federal Regulations to help guide them in reaching an agreement on how to resolve the issue(s). If an agreement cannot be reached, the Ombudsman will notify the servicemember and employer that the servicemember can file a case with the US Department of Labor/Veterans’ Employment and Training Service (DOL/VETS) or hire a private attorney.

[smoke]

You don't have a couple vacation days to burn? :?

[XxSilentxFartxX]

If you think it is discrimination, id pursue that..

[Guest]

Thank y'all for the information everyone I work with (I work with a small group of about 7 people) has been on him about it. Ever sin e I rejoined he's been doing things like that so I think he's just bias towards military members myself but not sure.

[River_Rat_459]

If you really think that's the case, then take Silent's advice and consider a discrimination complaint. The proper and most effective way to do that is through the Employer Support of the Guard and Reserve organization that I mentioned in my first post. Again, that website is http://www.esgr.org. You should definitely give the site a look-see and find your state ombudsman to intervene (or use the national phone number if you can't locate one).

Another piece of advice: make sure your chain of command is aware of your issue! They can help and need to know you have a conflict.