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Question about posible Layoff

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OTSCandidate

Junior Member
What is the name of your state?What is the name of your state? Maryland

My husband recieved an email about a month ago that layoffs in his company will be necessary in the coming months and that those who would be affected should already be aware who they were. At this point, he had not been told that his position would be affected. He had been told informally by indirect supervisors that they were going to sacrifice his position and then by others that they would not do that because it would look bad because he is going into the military and not to worry.

He was told yesterday that his position will no longer be funded as of April 1st.

Background info: Has worked for this company for 7 years, in current position for 5 months. Left voluntarily for about 1 year before accepting current position. Was reinstated to include all time in service at rehire. Since he returned, he has been selected as an officer candidate for the Air Force. He has been told that his position is being sacrificed because he is planning on joining the Air Force. At this point, he has not been assigned at date to attend Officer Training School (at which time his military service will commence). He has outstanding performance reviews for the entire time he has been at his company. Has won numerous awards, etc. No negative performance of any kind on my husband's part.

Can they rightfully let him go because of his Air Force plans? I know there is a law that protects reservists. But would this same law protect my husband's job? Or any other laws for that matter??

Thanks for your help!
 


Beth3

Senior Member
He has been told that his position is being sacrificed because he is planning on joining the Air Force. Told by who? His boss or is this something he heard via the grapevine?
 

OTSCandidate

Junior Member
His employment situation is somewhat complicated. He works for a company that is a subcontractor to a government contractor. He was told by the contract manager of the contractor originally (about a month ago) that his job should be the one to go since he was leaving anyway (not his direct boss). His boss told him right after that not to worry. One of the government bosses (a couple of levels up) called my husband directly and told him he needs to know if he is planning accepting the officer position because he needs to make some changes. He then was heard from his immediate supervisor that funding for his position would end by May 1st. His supervisor then came to him and told him this week that his position would be eliminated in April. So, did his immediate supervisor say it was because of the military? I don't think he did. But he was in on the conversation telling my husband not to worry, they wouldn't get rid of his position.
 

cbg

I'm a Northern Girl
Okay, clarify something for me.

Has your husband, or has he not, indicated that he will be leaving shortly for whatever reason, be it military, another job, or what have you?

I can't follow this clearly and it makes a difference.
 

Beth3

Senior Member
Okay. But this all appears to boil down to whether your husband is intending to quit to take up other full-time employment, which in this case happens to be with the military. Particularly since the employer is in the process of reducing the workforce for legitimate business reasons, they have a legitimate reason to know this and act accordingly. If he were just being called up from reserve status to serve, that would be another matter and USERRA would apply.

The other issue is whether funding for his position is being cut regardless of his military service. It appears that is also quite possible. Funding and unrelated issues may well have changed since your husband was told not to worry.

Your husband may want to contact his JAG office and discuss the situation, as military laws are complex and specialized but based on what you posted, I don't see any violations.
 

OTSCandidate

Junior Member
To answer your question, my husband when asked by his superiors, did indicate that he would be leaving at some point in the future for the air force. He told them that he did not know what the time frame will be. It could very well be another year before he leaves.

I did just speak with my husband and he told me that his immediate supervisor told him that the deciding factor to let him go was that he is joining the Air Force.

As for my husbands position being eliminated regardless of my husband's plans, I doubt it. His position is integral to maintaining a nationwide government program.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training
Would this not apply?
 

Beth3

Senior Member
From your other posts, it appeared to me his departure for OTS was much more imminent. I think your husband should contact his JAG office and get an expert opinion from them.
 

cbg

I'm a Northern Girl
The bottom line question here is, is his position being included for layoff because he is joining the military, or because he has indicated that he intends to leave the company anyway. In other words, is it the military or the leaving that is the triggering factor.

If he is being selected for layoff because he is joining the military, but if he were choosing to leave to company to go into business for himself or to join another company they would not have laid him off, that's illegal.

But if they have selected him for layoff because he has indicated that he is going to leave the company and it doesn't matter to them what his reason is, that's legal.

If he is going to be leaving the company for any reason in the not-too-distant future and by laying him off they can save the job of someone who intends to stay with them, there's nothing illegal about that.

It's ONLY if it is SPECIFICALLY because he is joining the military and NOT because he is looking to leave the company, that it becomes illegal.
 

OTSCandidate

Junior Member
I appreciate the responses I have received. It has helped me to be able to better articulate my husband's situation.

My husband only intends to leave his job for the Air Force, not for any other reason. And has never indicated to them otherwise.

I think we will take your advise and get more information from JAG.

Thanks again for the assistance.
 

cbg

I'm a Northern Girl
Keep in mind, it's not whether or not your husband has ever indicated any other reason; it's whether or not they would have taken the same action regardless of what reason he gave them.
 

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