USERRA

catherinetnc

We have an hourly employee that demanded to have his hours changed so that he could attend community college during the day. Because his job was in shipping, and the trucks come and go during working hours, coming up with a full time schedule to suit him was impossible. We told him then that we needed him to work the regular shift, and that if he couldn't do that, we could allow him to work part time when he wasn't at school (which I thought was generous). Then he demanded a severance package (we recently had RIFs here and I guess he assumed that the folks got big $$). We explained that the RIF thing was different than a voluntary resignation. He was angry and threatened to sue (he's not quite right in the head). Then he calmed down and decided part-time was better than no time.

In the mean time he told us he was planning to join the national guard. So now, he has been working part time for a couple of months, and just left to go to training (boot camp).

You can see that my dealings with him lead me to believe that he is a little unstable. (I also rode the bus with him as a child and remember he wasn't quite 'right' then, either).

My question:

Do we have obligations to him under USERRA considering he was part time? I may be missing something, but I can't find where part-timers are exempt from that protection.

Also, if he is protected under USERRA do you suggest that we send him a copy of the USERRA and his rights thereunder (it has been posted all over our company) as a courtesy?

Any comments are appreciated -

thanks-
Catherine

Parabeagle

Couldn't find anything in my reference materials exempting part timers from protection under USERRA, unless it's a temporary position.

As far as notice requirements go, if you have complied with the posting requirement instituted earlier this year, I see no reason to provide the individual with his own, personal copy unless you have done so for others who have gone on active duty.

System

I agree with Parabeagle on both points. The fact that he's 'a few ants short of a picnic' doesn't disqualify him; however I feel much more secure now knowing he's a National Guardsman. :oo

catherinetnc

oh gosh - that is scary! I hadn't thought about that part!

Parabeagle

It's ok, Catherine. Maybe they'll send him to Officer Candidate School where he can't do any harm. x;-)

pork1

Catherine: That is because there is no exemption for a part-timer. However, your company is not required to go further than a part-time consideration, you must protect what he had, but you are not required to go further.

In our company part-time is without benefits, therefore, the elimination of that position might be a good business decision, and when he returns you might not have any other part-time position in which you would be required to insert this person. Our part-timers are "seasonal for the most part", next spring his position might just reappear and then you would be required to insert the ee if he is still around.

I recommend you check first with your attorney, but I believe he will tell yu the same thing that I have and will charge you $150.00 for the council.

PORK