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Using USERRA
Last Post 29 Apr 2019 05:10 AM by nengland. 3 Replies.
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ng04User is Offline
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ng04

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28 Apr 2019 09:46 AM
    Hello,
    Has anyone used USERRA to leave their job to join the coast guard and go active duty for 4 years. If so what steps did you take and was your employer susceptive to you doing so. 

    Thank you 
    nenglandUser is Offline
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    nengland

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    28 Apr 2019 10:26 AM
    I did and here's the letter format I used 8 some odd years ago:


    Gave this to my employer about 2 weeks before boot just like any other 2 week professional notice. So that was after ASVAB, MEPS, and a ship date was secured.
    CPORJMUser is Offline
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    CPORJM

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    28 Apr 2019 11:59 AM
    Posted By nengland on 28 Apr 2019 11:26 AM
    I did and here's the letter format I used 8 some odd years ago:


    Gave this to my employer about 2 weeks before boot just like any other 2 week professional notice. So that was after ASVAB, MEPS, and a ship date was secured.

    Just curious, are they still holding your position after eight years?  I think it's unrealistic to expect an employer to not fill a position for an undetermined amount of time. You've been gone for eight years.  Are you ever going back? Or are you a Reservist and you just took leave for boot camp and A School?

    While I'm fairly familiar with USERRA, I'm no means an expert on all it's nuances.  However, I think it was mostly designed with Reservists in mind so that we would not lose our jobs, or be otherwise retaliated against for taking time off for military service.  I don't think anyone expects an employee who is leaving a job to enlist in the AD side, to ever return.
    "When a true genius appears in the world, you may know him by this sign, that the dunces are all in confederacy against him."-Jonathan Swift
    nenglandUser is Offline
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    nengland

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    29 Apr 2019 05:10 AM
    A couple years into AD I wanted to roll my 401k. They still had me on the books so I actually had to finally quit to become eligible to roll. So, no they're not holding my spot any longer. By now it would have lapsed anyway because reemployment is only guaranteed for 5 years at most.

    I never really expected to return after going AD. The USERRA was just a safety net in case things at boot camp went horribly sideways and dumped me out unemployed. It was a way to build a door "in case".

    Funny thing, I recently separated from AD and entered into SELRES using TEMPSEP. TEMPSEP of course builds a similar door, but is only good for 2 years to return back to AD. Guess I just have a lot of trust issues!
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