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Army Reserve husband fired for not working in the last month

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ladirose

Junior Member
My husband and I live in Mississippi and he started working at an off shore oil rig a few months ago. While working off shore, the other men working on the platform complained of his obligation to the Army Reserves every month. His supervisor said something like, "We don't want to have to pay $400 a helicopter just so you can go ashore for a weekend." The last time he came back from his weekend Reserves drill, he was told that he was going to be assigned to a new rig within the week, with the excuse that he just didn't get along with the other men on the rig. This was a month ago. He had been waiting and calling the company's office nearly everyday, and kept getting told that his upcoming annual training was making other rig crews reluctant to take him on, as it meant he would likely have to leave the rig days earlier than the rest of the crew on his shift. He went to his annual training 2 weeks ago, and just today got the news that he was being fired for not going to work in the last 28 days, citing it was company policy. The company he worked for knew he was still in the Reserves when he applied for the job and was even told they were specifically looking for veterans to hire. He always let his supervisor and the company's main office know when he would have to leave for drill.

My question is, what exactly should my husband and I do? We are sure that what happened to him can't possibly within federal regulations, but we aren't sure what actions to take next.
 


Shadowbunny

Queen of the Not-Rights
My husband and I live in Mississippi and he started working at an off shore oil rig a few months ago. While working off shore, the other men working on the platform complained of his obligation to the Army Reserves every month. His supervisor said something like, "We don't want to have to pay $400 a helicopter just so you can go ashore for a weekend." The last time he came back from his weekend Reserves drill, he was told that he was going to be assigned to a new rig within the week, with the excuse that he just didn't get along with the other men on the rig. This was a month ago. He had been waiting and calling the company's office nearly everyday, and kept getting told that his upcoming annual training was making other rig crews reluctant to take him on, as it meant he would likely have to leave the rig days earlier than the rest of the crew on his shift. He went to his annual training 2 weeks ago, and just today got the news that he was being fired for not going to work in the last 28 days, citing it was company policy. The company he worked for knew he was still in the Reserves when he applied for the job and was even told they were specifically looking for veterans to hire. He always let his supervisor and the company's main office know when he would have to leave for drill.

My question is, what exactly should my husband and I do? We are sure that what happened to him can't possibly within federal regulations, but we aren't sure what actions to take next.
I would start here: http://www.esgr.org/site/userra/faq.aspx#20:3.0.6.3.2.2.159.1 for information about UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA). Then contact your state office for additional guidance: http://esgr.org/site/Contact/StateLocalContacts.aspx
 

commentator

Senior Member
Of course they will. But in the meantime, has he filed for unemployment insurance benefits? He needs to do so immediately. This will help harden up their claim as to the reason they terminated him, as an investigation into the reason for his termination will be done. Meantime, be talking to the veteran's representative in his reserve unit and in the local career center, both of whom will have information about how to move forward on this issue.
 

Stephen1

Member
In addition to the fine source cited above (ESGR), your husband could also check out the Reserve Officers' Association. They have a lot of good information on this topic. http://www.servicemembers-lawcenter.org/Services.html
 

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