What is the name of your state? CA
I am not sure if I should post this here or military law.......My husband was in the military, active 10 years, National Guard for 4 years. While a National Guardsman he was recalled to active duty following 9/11. He was eventually released to part time duty again an secured a full time job. His employer was fully aware of his military involvement. During this time, my husband and I got married, and we were not able to take our honeymoon right away. We decided on a time, and he informed his employer, who okayed the request - he gave them 2 months notice. Shortly before that, he was called in for a 6 week training program with the military. Upon his return, his employer told his that since he was already away, he could not take our honeymoon off. My husband explained to him that his "time off" was military related, and not personal, and according to his commander they could not penalize him for that time. He explained we had already payed for our trip, and he would be taking the time. The employer told him it would not be a good idea. well, we went on our honey moon, and he was fired. When we got back my husbad went on unemployment. He found a job pretty quickly, and it caused us no real financial hardship. Well, my husband is a computer engineer and mostly does contract work. His contract ended recently and he applied again for unemployment. He was informed by letter that he owed for the unemployment money that he received last time, because his employer said he was absent without permission. They are fining him like 15 weeks, and want payback, plus fees. Was this in fact wrongful termination, and is there anything we can do besides file for an appeal with unemployment? He has since gotten out of the military (he is on inactive reserve), and has no access to JAG. Any info would be greatly appreciated.
I am not sure if I should post this here or military law.......My husband was in the military, active 10 years, National Guard for 4 years. While a National Guardsman he was recalled to active duty following 9/11. He was eventually released to part time duty again an secured a full time job. His employer was fully aware of his military involvement. During this time, my husband and I got married, and we were not able to take our honeymoon right away. We decided on a time, and he informed his employer, who okayed the request - he gave them 2 months notice. Shortly before that, he was called in for a 6 week training program with the military. Upon his return, his employer told his that since he was already away, he could not take our honeymoon off. My husband explained to him that his "time off" was military related, and not personal, and according to his commander they could not penalize him for that time. He explained we had already payed for our trip, and he would be taking the time. The employer told him it would not be a good idea. well, we went on our honey moon, and he was fired. When we got back my husbad went on unemployment. He found a job pretty quickly, and it caused us no real financial hardship. Well, my husband is a computer engineer and mostly does contract work. His contract ended recently and he applied again for unemployment. He was informed by letter that he owed for the unemployment money that he received last time, because his employer said he was absent without permission. They are fining him like 15 weeks, and want payback, plus fees. Was this in fact wrongful termination, and is there anything we can do besides file for an appeal with unemployment? He has since gotten out of the military (he is on inactive reserve), and has no access to JAG. Any info would be greatly appreciated.
