USERRA

Discussion in 'Social and Off-topic' started by badge4107, Apr 26, 2012.

  1. badge4107

    badge4107 PEB Forum Veteran

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    I have posed this question on PEB Forum on another occasion, so long ago it seems in another life.

    I am interested to learn of other broken troops that have suffered civilian employer discrimination, or any adverse employment action due to a Line of Duty injury/disability.

    My own personal event happened in 2009, terminated from civilian employment while undergoing surgery for a LOD injury, an aggravation of an injury incurred during combat operations.This case was referred to the appropriate Govt. agency, and was found to be a meritorious claim.


    It helps to know that you are not alone! So share!
     
  2. gsfowler

    gsfowler Staff Member PEB Forum Veteran

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    My civilian employer terminated me after 12 months in the CBWTU. They did a mass layoff and I was part of it. I spoke with the ESGR and was advised to just wait until I am released from active duty to reclaim my job. I was advised that USERRA protects us from discrimination or retaliation only and that they will either reinstate my employment or I can involve the DOJ.
     
  3. badge4107

    badge4107 PEB Forum Veteran

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    Was this a termination of employment or a layoff? If you are still on orders, ESGR is correct when they recommend your waiting. The criteria in the language of 38 U.S.C. (4303), USERRA, follows:
    1. Member must have left your job for the purpose of performing service in the uniformed services.
    2. Member must have given prior notice to your civilian employer.
    3. Members cumulative period or periods of service, relating to that particular civilian employer, must not have exceeded the five-year limit.
    4. Member must have been released from the period of service without receiving a disqualifying discharge.
    5. Member must make a timely application for reemployment.


    Only upon re-application to your employment do you claim protections under USERRA. The DOJ enforcement elements come into play only after the U.S. Dept of Labor conducts an investigation, initiated by the claimant (you). If the DOL finds the claim meritorious, it (DOL) can only ask the employer to comply with USERRA. If the employer refuses, or is insuffficient in offering the proper remedies, the DOL will inform you of your rights to refer the matter to DOJ for enforcement or your right to retain private counsel.
     
  4. nwlivewire

    nwlivewire PEB Forum Veteran

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    Dear Badge 4107:

    I am so glad to read you prevailed against this blatant overreach of adverse civilian employer/employment actions. This type of civilian employment discrimination comes in many shades and degrees. Some of this stuff is in an "in your face" area, while other actions directed against injured SMs/VETS are much more subtle.

    For those here on this website who have, or may, or are facing these type of employment issues, or, if you know of someone who is or has faced these issues, please let Badge know. And turn you buddy onto this site so they can contact Badge, too.

    V/r,
    nwlivewire

    ps.... Thank-you for being my friend on this site. I am now officially "retired". 70% PDRL and waiting for the proposed VA ratings of 100% P&T. Will be moving from Portland, Oregon, to San Antonio, Texas, sometime before the end of MARCH 2013. Got alot of loose ends to tie up (house and taxes) before I make my "leap of faith" move to Texas. But I did find out that if you are 100% VA disabled, then you can be exempted from paying ALL property tax on your primary residence in Texas. Since a small home that is ADA compliant is more to my ability to use and maintain, (You can now build a home using your VA Home Loan rights), this would make home ownership cheaper than rent.
     
  5. badge4107

    badge4107 PEB Forum Veteran

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    nwlivewire,

    Glad you never gave up the ghost during your ordeals!

    Our struggles have forced our personal evolution. Sadley the struggles do not cease with the shining of our "Golden Years".

    Stay strong while forging your new life and remember pressure makes diamonds.

    Wesley.
     
  6. nwlivewire

    nwlivewire PEB Forum Veteran

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    Yes Brother! You are so right.

    Like that old Country Western song says, "I may be an old lump of coal, but I'm gonna be a diamond somday."

    I think I'm halfway there - hahaha

    annie
     
  7. badge4107

    badge4107 PEB Forum Veteran

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    I am submitting this hoping that all involved in this forum understand that, in the end, YOU ARE your own genuine advocate. Our military is not composed of victims, and those attempting to victimize them will always be held accountable. We are a just nation, we are a just military. The link below is a marked example of our ordeals and continued struggles. The point is never give up! Never allow the service to your country and the disability one may incur during that service become a disability unto itself. Our great nation appreciates our service and understands the sacrifices and the impact upon the individual lifes of each and every one of us. The events documented on the link happened to a National Guard member while he was in the PEB/MEB process. That member subsequently lost two careers in one fell swoop. That member was given severance at 10%. He never gave up and applied to the PDBR. Though he still is unable to find employment due to his unjust termination for cause status, He was retired from the Army through the PDBR (a long 2 year wait), hence he survived!

    http://www.justice.gov/opa/pr/2013/January/13-crt-029.html
     
  8. PSYOP Warrior

    PSYOP Warrior PEB Forum Veteran

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    I am/went through a terrible time with my employer about 4 years ago after I came back from BNCOC phase I and II. I found out real quick that all USERRA does is mitigation and reinforces verbally the regulations and does not take sides and in no way lawyers. They are in NO FORM OR SHAPE a lawyer. Unless your employer flat out says, " yeah we discriminated on him b/c of his 5 weeks of Military leave" you have nothing. I use to get raises twice a year and my job performance was way above the standard and I was liked by everyone. After I was told my Military training was making the company lose money and I needed to chose one or the other, I called USERRA. Company denied everything and the USERRA female rep went over the rules with the company HR and the company has never given me a raise since. I asked last year why I was not getting the schools and training I use to and she had no reply. One of my friends who works in the company, went out with the company HR one night and had too many drinks. The HR person said she was tired of getting to find ways to get me fired since I was a "whistle blower" and that "EO" complaint hurt the company 4 years ago when I called USERRA. If I would have known all USERRA does is mitigation and sit down with each party and discuss, I would have never called them. So basically I am stuck with a company that has not given me raises while my piers who under perform get raises - some twice a year 2-6% - Thats what I got every year before I called USERRA. So unless you have been fired or have a tape recording of your manager slamming the Military over your job, I wouldn't call USERRA. The whole "retaliation" clause is BS. I was told that the reason I wasn't getting raises was several under performance actions caused by me and if one happens again, I would be fired. When I asked when and to see them on paper, they said it was in my personnel file. I expressed that I was never reprimanded or written up and they had no proof and I was told I was skating on thin ice and if I wanted to file another complaint, they would show them - basically they would pencil whip something that wouldn't have my signature. Im rambling but ever since the day they came to my unit and said as a Soldier your job is protected, I thought it was. I found out the hard way and a good friend that informed me of the truth who drank with the HR person.
     

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