Reserve ee's

Shebert · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-09-04 AT 02:55PM (CST)[/font][br][br]I have a new ee, probationary periode not complete. He is a member of national guard.
He took a day in the middle of the week, for two weeks running. We have other NG members working and have not had an issue with compliance. Now this guy just things he can be gone when ever.
In MN would we be in violation to term him?

Balloonman · March 2004

I would tell him, that one you need advance notice, and two he should have orders for reporting to work/duty. I do not remember what the policy is if he is volunteering for extra duty with them.
My $0.02 worth.
DJ The Balloonman

System · March 2004

Sorry, Shebert, but I think the law protecting military employees is stronger than any discrimination law. As I understand it, he could volunteer for a five-year tour of duty, and all you could say is "OK."

Now, he's supposed to give you advance notice whenever possible. And you can ask him to reschedule, and even talk to his commanding officer. But firing him would be very risky.
[url]http://www.hrhero.com/national/war.shtml[/url]

James Sokolowski
HRhero.com

TN HR · March 2004

Bad, bad , bad mistake. You get my nomination for PORK's gong award or whatever he's doing nowadays to reward thoughts such as these.

The reasons for NOT terming are obvious. Have you spoken to him? Have you asked what unit he's in? Don't assume that just because other NG members in your company don't drill the same days he does that he is being dishonest.

When I left active duty and served in the NG for a short time, I would do all of my drills on weekdays spread out throughout the year. Reason being that I taught a particular subject at the State's Officer Candidate School (OCS) and the class was every 3rd Tuesday.

Gene

ray a · March 2004

With heightened security, one of our NG members has not received his written orders until the day he showed up for duty. Thus he was unable to give them to us in advance, but did give a copy upon his return to work.

Tish · March 2004

I agree with the others on the risk factor, whether it is in Minnesota or any other state there are very strict (generous) regulations dealing with USSERA.

I contacted the Commander of our NG employees to verify the duty days, in addition most of our EEs were very willing to bring in documentation from their units to confirm training days.

If you find that your EE has falsified his reason for being gone, then certainly term.

Pork · March 2004

SHEBERT: A different approach; review your attendance policy and your probationary or orientation words. Have your 1st step discussion in your disciplinary policy. Inform the ee it is the ee's responsibility, like all other employees, to provide documentation of their absent or tardy days. Should he fail to produce military orders or a letter from his unit to verify his presence for training or whatever duty, that the company will find it necessary to cancel the employer/employee relationship.

It just might be that this ee is mis-using the USERRA protections; as other have said, if the ee can produce documentation to identify that his absence was for either "voluntary or mandatory military service", the ee is protected from any negative attention. Performance then becomes extremely important that the documentation is clean and complete before you terminate this individual, until he retires from military service.

Some civilian/soldiers,airman,marine,sailors, and coast guard reservist become "jail-house lawyers" and then try to get over on employers for their own personal reasons. I speak to this from experience as a military retiree and an HR with a current ee/soldier issue.

Two more of our great soldiers are arriving back in town in about 30 minutes and the community is going to have a celebration. Red, White, and Blue bunting every where. City Fire trucks with sirens and police excorts from 5 miles out until they are home.

Sorry, I got to run to the parade!

PORK

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