USERRA RTW

sonny

I have searched the archives and found our previous discussions on USERRA. I swear I have asked and had answered this question before, but can not find it and want to be sure. I know an employee MUST RETURN TO WORK AFTER SERVICE. We have an ee who wants to return one day and quit. Am I correct that he can (unfortunately) do this?

joannie

As I understand USERRA, yes, he has that right. I think you have fulfilled your USERRA obligation by allowing him to RTW. If he resigns the next day, I would call it a voluntary quit without notice. Of course, my opinion, only.

sonny

Thanks joannie and he collects a years worth of sick and vacation time and his pension all while having made double his salary and been able to stay state side in his own home. . (sigh) something just aint right!

stilldazed

Try to look at the positive side. Maybe you are getting a firsthand opportunity to right all the social injustices this person perceives. If that's true, we're all greatful to you. And it is a very sad situation.

I can tell you what else I would do and that is place the person on a no-rehire status due to insufficient notice prior to resignation, and I would let the person know up front that not being eligible for rehire for policy violation is a consequence to the decision to give a one-day notice. (We happen to have a policy that asks for a minimum 2-week notice, and I am only willing to waive the policy down the road, when the worker tries to return (and they often do), and I can get evidence of extenuating circumstances. Granted, there may be a medical issue of some sort, and if there is, I would recognize it at the latter date, but I would enforce the policy for the short notice.

best wishes

sonny

SD.. not sure I get your first paragraph?
He will not be eligible for rehire, but really matters not. He is going full time with the Guard at double his wage here. He would not want to come back any more than we would want him back and that is the only upside. . really not a valued employee.
Thanks for the feedback. Our attorney has confirmed he need only return the one day.

stilldazed

Sarcasm. ;-)

sonny

I'm back and so is this problem child. . .
Have any of you ever received orders for an employee that were for 3 years active duty???

stilldazed

Are you talking about receiving the orders at the end of the 3 years to confirm the worker's absence, or are you referring to a planned 3-yr engagement to active duty, as in receiving the orders before the leave starts?

If you doubt the validity of the DD214, call the headquarters that issued the notice and confirm. I've done that and have found military representatives quite helpful. I've also found that with all the other training the military requires of their reservists, they also include some training on employer/reservist expectations RE: USERRA.

sonny

I am talking about orders going forward. . .5/1/08-4/30/11
I don't doubt the validity of the order. We have just never gotten orders for 3 years in one order before and wondered if anyone else had

stilldazed

We have reservists in our area and have seen 12-month leave orders from them in the past. They are finishing a 3-week training duty this week and have been told they will go for a 14-month tour beginning later this year. It's not 3 years, but it is longer than we've seen in this particular unit so far.

davids

We have a similar situation about to happen. An employee has be on military leave for almost five years. He will be returning in July. We are a public employer and, by statutue, when he returns we are obligated to make all payments to the retirement system that would have been made had he not been on military leave. That's five years worth of payments! He will be eligible to retire in November and has let us know that he plans to retire at that time.

sonny

Thanks for your responses.. .that is what we are up against David. . very frustrating, given the guy has never left the county, let alone the country. In addition to his pension, we have also continued to allow his sick and vacation to accrue which we pay out at 100% on seperation. He has no intention of ever returning for more than his mandatory one day.