Civilian Employment Retention

apft300 · 01-17-2014, 15:33

Greetings All,

I am hoping to reach out to anyone who has completed an Active Duty obligation/18X contract and successfully returned to their civilian employment.

I am currently on 1 year ADOS orders (being relevant to a 5 yr cap) and am contemplating jumping ship to active duty via an 18X contract. I spoke with AD recruiters and have been told a minimum contract length is 3 years, but this is almost useless as research has proven a 36 month extension upon successful completion of the Q.

I have reached out to USERRA and the Employer liaison for NJDMAVA. I have received two entirely different answers. One being no guarantee to re-employment and the other being the opposite.

New Jersey Law has added protections to USERRA, putting me on a paid leave status each year. Yet, this specific law makes no mention to a 5 year cap as the USERRA does. In my time my civilian employment, I have moved up the ladder, saved a lot of time and paid a lot of pension dues. I wouldn't want this to go to waste.

To make this short. How was your transition from your Active Duty obligation back to your civilian employment. Does your state have added protections which omit a 5 year cap? If in a public sector job, did you lose your time, go back through your academy? I understand this is a complicated issue and state specific.

Relevant fact relating to my employment: From NJ, Police Officer, 6 Yrs in Pension, 7 Yrs NJARNG, 3 Cumulative years on ADOS.

Again, thank you all for PS.com and the QP's for your time, dedication and service.

V/R
APFT300

SF_BHT · 01-17-2014, 16:54

I have several reservist that work for me so i know a lot on this subject.

USERRA only covers National Guard and Reserves. It does not have a thing to do with you going on active duty. If you go on active duty that is your full time job and there is nothing here to hold any past employment.

USERRA is for our citizen soldiers.........

If you go into a NG SF unit and you are on orders for training and or deployments USERRA is there for that situation......

Hope this helps.

apft300 · 01-17-2014, 18:25

SF_BHT,

Thank you for your reply, it helps very much. Also, I can not believe I missed that entire line and/or misinterpreted that. You have me second guessing some laws I thought I knew by heart..

Question Answered.

Very Respectfully,
APFT300

**18C4V** · 01-17-2014, 23:36

Talk to your state ombudperson. My interperation and confirmed with our State is that you can go AD provided that you do not exceed 5 years. However, if you come back and get re-employed you don't have any rights if you join the guard/reserve since you already used up your 5 years.

apft300 · 01-18-2014, 17:26

18C4V,

Wilco, thank you. An RFI was sent to my district's office via email a few hours ago.

My interpretation is/was inline with yours. After SF_BHT's input I reread the legislation. The text seems to be inline with his statement.

V/R
APFT300

SF_BHT · 01-18-2014, 18:24

I have a guy who works with me that is in the middle of a USERRA court action for the last 2 yrs. he is a LTC in he reserves and I have learned more about it than I ever wanted to as I have helped him work his strategy. He is a lawyer and has a bit of tooooo much anger and emotion so I help him vent and screen out the emotions as he has been walking that minefield.

I checked with him this morning and he confirmed it is for the citizen soldier not AD members.
Hope you get your confirmation Soon.

apft300 · 01-18-2014, 19:20

SF_BHT,

One of my immediate supervisors is an 0-6 and has been gone for greater than 3 years. I know he was a reservist prior to getting pinned. Yet, I'm not sure his current status whether it was involuntary or not, but my department has promoted him in his absence, twice.

I have re-read USERRA numerous times since you last posted. And as you indicated, The text is written in favor of a citizen soldier.

I will wait on a response to see how my particular state would handle this and as a contingency will have to see how long a regular leave of absence would be authorized. (the latter being on my knees)

I also reached out to an attorney friend of mine and he is reviewing the NJ Statutes (only time I can say I am glad to live in this liberal state) paired with USERRA for his interpretation and existing case law.

Thank you for drawing on your experiences with this, please know it is appreciated.

I will post my findings and received responses.

V/R
APFT300

the_enforcer · 01-19-2014, 00:37

I actually had the same question, thanks!

**18C4V** · 01-19-2014, 13:22

When my NG SF Battalion was mobilized for OEF II in 2002, I was the first officer in my dept to go and to use USERRA. The issues that I had was that my dept and city policy prohibited military leave of absences over 180 days and that I was to resign my position as a police officer.

Of course that was in violation of USERRA and my city didn't care since my city was defaulitng to city/dept policy. Nontheless it was very stressfull and it took the state ombsbudperson to make things right.

My point is..you should find out what your dept/city policy is for military absenses over 180 days (if there is a policy for your dept).

**The Reaper** · 01-19-2014, 19:20

The USPS just got caught violating an employee's right to reemployment.

http://www.tebanolaw.com/documents/ROA-Law-Review.pdf

He was a SGM by the time it was adjudicated and he made out pretty well on it.

Too bad they can't get the money awarded back from the employees who violated his rights.

TR

apft300 · 01-20-2014, 17:00

TR,

That is a great read for all of our part-time soldiers.

I have thoroughly reviewed it and also forwarded the referenced cases in the decision to my attorney friend for his review.

Thank you for posting this.

While doing more research I found this amazing resource hosted by a retired JAG officer. It turns out he will gladly review a question and give his opinion on it as well.

http://www.servicemembers-lawcenter....iew_Index.html

V/R
APFT300

apft300 · 01-20-2014, 17:12

With further review of the above posted website, in law review 719 & 13083, active duty is explicitly covered by USERRA according to Mr. Wright's opinion.

He goes in detail, supporting his opinion as a judge's summary judgment would.

V/R
APFT300

swimr235 · 03-21-2014, 10:56

Quote:

Originally Posted by apft300

TR,

That is a great read for all of our part-time soldiers.

I have thoroughly reviewed it and also forwarded the referenced cases in the decision to my attorney friend for his review.

Thank you for posting this.

While doing more research I found this amazing resource hosted by a retired JAG officer. It turns out he will gladly review a question and give his opinion on it as well.

http://www.servicemembers-lawcenter....iew_Index.html

V/R
APFT300

Just saw this and read some of these enclosures. This is an excellent resource. Im a FED and even with tons of USERRA brochures around and a "military-friendly" agency...they dick around a lot with the rules.

- nick