USERRA and pay raises

[deekath]

What is the name of your state? Oregon (but I'm currently at Fort Carson, CO) **the job is actually in Idaho**

I have been mobilized since March 2003 and am almost ready to go back home and to my civilian job. I have contacted my previous employer, a small, state-run, critical access hospital to let them know I would be back soon. I also inquired about my benefits to ensure they were updated.
When I left, I was making $19.00/hour and was one month shy of my annual evaluation and "merit raise". I was told via email just yesterday that I would now be making $19.77/hour, based upon the "average" salary scale they are now utilizing. However, I know the person currently filling in part-time (in my stead) and she is making $27.00/hour. I have kept my certifications current while on active duty and have continued my education at my own expense. Furthermore, the other full time person, the "department manager" (of a 2-person department) has received substantial merit raises while I have been gone. Is there anything I can do to make sure I get an adequate pay increase? My dollar does not go as far now as it did when I was working there 2 1/2 years ago, prior to my mobilization. Thank you.

 

[fozzy2]

It certainly sounds like you have a good claim to make. You are entitled to all pay raises you would have received "...but for the absence for service in the uniformed service." This almost automatically includes any "seniority" pay raises. "Merit" pay raises are a trickier issue, but generally if most employees got them, then you should be given them as well. It should be noted, however, that the hospital may claim that the $27 an hour is a premium required to pay for a "fill-in" employee. What is likely to be more important is the pay of the other full time employees. Of course, it is a complication when the employer is small and there aren't a lot of easy comparison cases.

At any rate, to make a formal complaint you simply fill out a Form 1010 and submit it, but first you should probably talk to your local/regional Department of Labor veterans adviser. The form, and FAQs and points of contact, can be found on the DOL site:

http://www.dol.gov/elaws/vets/userra/userra.asp

A lot of times, informal contact from the DOL will rectify problems. A lot of times, the human relations people at the employer simply aren't familiar with the rules/rulings on USERRA and make an incorrect "cookbook" estimation of what your pay/benefits should be.