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was this right

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BoyImN2Deep

Guest
What is the name of your state? illinois

:mad:and :confused: i was a contractor for a company and i was offered a full-time position. i went through the interview and everything. about a week or so after the interview i had to leave for two weeks on military business(it was apart of reserves obligation) i had informed them when i first started working that i would have to leave for two weeks around june because i was in the reserves. they were okay with this but while i was gone i had received a voicemail from my supervisor telling me that i was hired full-time and the effective. now in the mean time i had received a call and a letter from human resource telling me that i had somethings on my record that need to be taken off. well at that time i was in kanasas city. i had informed human resoruce that i was unable to take care that and that i would do it when i got back home. human resoruces told me that they had already given me five days but they gave me one day once i got back. when i got back i went to the court house and they told me that there wasn't anything on my record to be taken off and i had informed human resoruces that very same day what the court had said. they insisted that there was something there. well i went back and the court clerk had to go to the basement to find what the human resoruce person was talking about. after having all of that done human resources told me that it was to late and that they were denying my application. i was let go.

was that right? i thought that when a person gone on military business that the emplory couldn't do anything until you returned.??
 


Beth3

Senior Member
That's not quite accurate. The law says you can't be treated less favorably because of your military status but that doesn't appear to have happened here. They uncovered something of concern, told you about it, and gave you a time line to address it and probably longer than they would have given other candidates.

I'm not sure what the expectation was for having this legal record "taken care of" but since you could talk to the employer via telephone while you were on military training, I presume you could have called the courthouse as well to see if you could straighten this out or at least start the process before you returned.
 
S

swicket

Guest
Sorry Beth:
Your out of your element here. BoyImN2Deep You are exactly right.
Your employer has violated federal statute. The first thing you should do is contact the Commander of your Reserves Center. Usually through the Government's General Council, this gets resolved. The other option is either your state, or in this case Federal DOL.
 

Beth3

Senior Member
Well, we'll have to agree to disagree on this one, swickett I am familiar enough with USERRA and other applicable laws that I don't see that the employer did anything improper. For one thing, he never actually started employment with them as their employee.

It's certainly not a bad idea for him to look into this further though, just in case.
 
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BoyImN2Deep

Guest
well beth i was hired and i had became an employee but one my boss heard from human resources i became a contracted again. my boss had left me a voicemail at work telling me i had been hired. the only reason i talked to human resources on the phone was because they had left me a message. i don't know about other states but here in illinois you have to actually go to the courthouse.
 

Beth3

Senior Member
Boy, please understand I'm not siding with your employer or hoping you have no recourse. I'm telling you what I believe is the correct legal take on the situation. As swicket thinks otherwise, there is at least a 50/50 chance you do have recourse. By all means, do pursue this as he suggests.
 
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damntim66

Guest
doesn't the Soldiers and Sailors Act apply in this instance?
 

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