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Thread: USERRA discrimination question

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    213th's Avatar
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    USERRA discrimination question

    Anyone ever deal with USERRA complaints before? I've been offered a position that is similar by my civilian employer, but they are sending me to an office significantly further away from the office I was hired for, changed my shift to late hours, and the shift i am being assigned to his significantly underperforming, which is grounds for terminating the supervisor's (me) employment. They are also making it virtually impossible for me to use already accrued time off for the birth of my child. I'm not sure that it reaches the legal definition of retaliation though.
    He who has the money, signs the cheques.
    He who signs the cheques, makes the rules.
    He who makes the rules, has the power.
    He who has the power, has the money.

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    213th's Avatar
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    And if I'm just being a whiny punk, I need to know so feel free to say so.
    He who has the money, signs the cheques.
    He who signs the cheques, makes the rules.
    He who makes the rules, has the power.
    He who has the power, has the money.

  3. #3
    MacLean's Avatar
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    Call your base USERRA officer.
    213th likes this.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  4. #4
    213th's Avatar
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    I will be making an appointment next week. I just learned my employer has terminated two other military personnel after they returned from deployment.

    By the way, my employer is Charter Communications. I know Keith uses them. I advocate a boycott of their services.
    He who has the money, signs the cheques.
    He who signs the cheques, makes the rules.
    He who makes the rules, has the power.
    He who has the power, has the money.

  5. #5
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    Regarding time off -- check into the FMLA standards, too. I don't recall if they're required to let you use paid leave -- but you do have other protections there.
    Voting against incumbents until we get a Congress that does its job.

    TASER: almost as good as alcohol for teaching white boys to dance

    "Don't suffer from PTSD -- Go out and cause it!"
    -- Col. David Grossman, US Army, ret.

    All opinions expressed are my own and are not official statements of my employer.

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    213th's Avatar
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    Jks the problem is that I used my 12 weeks of FLMA protection when I went on orders, and additionally as I have been gone 8 months, I don't have the requisite 1000 hours worked in the last 12 months. Or that is the story human resources gave me.
    He who has the money, signs the cheques.
    He who signs the cheques, makes the rules.
    He who makes the rules, has the power.
    He who has the power, has the money.

  7. #7
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    I'm far from an expert on it, and, in fact, was shocked to find out that the employer gets to decide when you're using FMLA if your absence meets the criteria (even if you have leave), but the hours worked part does ring true, though I think that there's a difference between FMLA for military duty and for family emergencies. I'm not certain -- but I think I remember someone asking whether that meant military reservists got a double allowance, and it did. Again -- vague recollection, very possibly incorrect. And moot if you haven't met the hours requirement since that's there to prevent someone getting hired, then leaving, and tying up a position that an employer needs to fill right away.
    Voting against incumbents until we get a Congress that does its job.

    TASER: almost as good as alcohol for teaching white boys to dance

    "Don't suffer from PTSD -- Go out and cause it!"
    -- Col. David Grossman, US Army, ret.

    All opinions expressed are my own and are not official statements of my employer.

 

 

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