Employment after Military Duty

[mindyp67]

What is the name of your state (only U.S. law)? TN
I am a nurse and have worked part-time with a company for 6 years. A co-worker, also a nurse, resigned her full-time position for an 8 month training session with the National Guard. Her resignation letter stated that when she returned from her 8 month long military duty she desired to return to work on a PRN or "as needed" basis. 2 days ago a meeting was held with all nurses and the administrator announced this nurse had returned demanding a full-time position. This nurse was offered a full time position with the sister company and refused it. The administrator led us to believe we were at her mercy and someone would be forced to give up hours or forfeit their position entirely for her. What are our rights in this situation?What is the name of your state (only U.S. law)? Tennessee

[pattytx]

Have you gone here?
[url]http://esgr.org/userra.asp[/url]

[mlane58]

Bottomline is that this employee has to be returned to her same or similar position, same pay and any promotions, raises, etc...she would have been entitled to as if she never wa deployed. If the employer is bringing her back full time vs. part time, then that is their decision and you don't have any rights to fight.

[commentator]

Yes, we loves our veterans here in TN. And of course, everywhere.

But you do have another option, they just don't want to mention it to you all. If they let one of you go, or cut you back to part time so they can give the hours to her, you will be laid off due to lack of work and draw unemployment benefits, or your hours will be reduced through no fault of your own, and you can file for partial unemployment insurance while still working.

Remember if you are working all the hours the company has available for you, and you are still not grossing over $275 a week, you can file for unemployment benefits and be supplimented up to your weekly amount, which is also, right now, up to $300 a week, with the stimulus money.