employment law

sueeicks1234

Senerio: An individual notify us that he was being called up in the reserves and his last day would be 3/6/03 based on this info we increase another employee to full time and that employee will receive benefits. The problem is that the indiviual is now saying that he may not be called up. I realize that we have to reinstat him to his position. My questions is how do I handle the employee that was changed to FT and benefits. The facility that these employees work at is small and does not require that many full time employees.
Sue

jimlegal

Did the employee actually attend any reserves activities? If the employee is a service member then USERRA will certainly apply to the employee's reinstatement. One of the best resources I have found for USERRA information is located at [url]www.roa.org[/url], click on Legislative Affairs, then click on Law Review Archive at the bottom of the drop-down menu. The author of these articles was a participant in drafting the USERRA legislation. As for the other employee sounds like you may have to return that employee to part-time and possibly offer COBRA, if beneifts had already started. Hopefully you will be able to accomplish your goals without the part-time employee being upset. Just thought I would share. Good luck...

sueeicks1234

Thank you

Nat

You didn't indicate that the employee showed you proof of a call-up so my response assumes that he didn't show you that. In that case, my advise is to never do any personnel action until you have actually seen the paperwork. We had an employee keep telling us that he was going to be called up also but we did nothing with his position until he brought us a copy of the call-up papers so that we knew for sure that he was going and when. This won't help in this case but might in the future. Good Luck.

Down_the_Middle

This might be a case of acting prematurely by offering the other employee the full-time status. If the military call-up fizzles, seems to me you go back to the other indidual and explain the situation. An awkward, but valuable lesson to be learned by all.......