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Leaving for boot camp/ A school and its effect on your civilian job?
Last Post 10 Jun 2019 01:30 PM by Old Guard2. 10 Replies.
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Joseph1994User is Offline
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Joseph1994

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07 Jun 2019 05:58 AM
    Hey everyone, I'm currently going through the enlistment process to join the USCGR and I am very excited. The only concern I'm having is I don't want to put any strain on my regular career, risk losing my job, etc while I'm away for all of the training that is required at the beginning of my enlistment. 

    I know there is a law that employers have to hold my position for me and are not supposed to treat me differently or unfairly due to my military obligations, but does the USCG actually stand behind it's service members on enforcing this? If I tell my employer that I've enlisted and I will be leaving on "x" date for boot camp and then again on "x" date for A school and they decide to fire me is there any action I can take? I know my job needs me and I know they will be less than pleased to be told this. So I am concerned they might just try and replace me. 

    Is there anyone here that has had issues with their civilian job objecting to your military service? Basically just looking for some reassurance here and would like to hear from others about their experiences regarding this. 


    PriorQMUser is Offline
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    07 Jun 2019 08:45 AM
    Posted By Joseph1994 on 07 Jun 2019 05:58 AM
    Hey everyone, I'm currently going through the enlistment process to join the USCGR and I am very excited. The only concern I'm having is I don't want to put any strain on my regular career, risk losing my job, etc while I'm away for all of the training that is required at the beginning of my enlistment. 

    I know there is a law that employers have to hold my position for me and are not supposed to treat me differently or unfairly due to my military obligations, but does the USCG actually stand behind it's service members on enforcing this? If I tell my employer that I've enlisted and I will be leaving on "x" date for boot camp and then again on "x" date for A school and they decide to fire me is there any action I can take? I know my job needs me and I know they will be less than pleased to be told this. So I am concerned they might just try and replace me. 

    Is there anyone here that has had issues with their civilian job objecting to your military service? Basically just looking for some reassurance here and would like to hear from others about their experiences regarding this. 



    I would love to hear some insight on this as well. In theory, there should be no issues whatsoever.
    mkellyUser is Offline
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    mkelly

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    07 Jun 2019 09:55 AM
    https://www.justice.gov/sites/default/files/usao-ednc/legacy/2011/04/29/EmploymentRights.pdf

    This is a good read for you and should explain everything. I would hope that you keep your employer in the loop for the entire process and don't just spring it on them after its all done. The law does require that you inform them of what is going on. Its a federal law, they have to abide by it.
    And yes, if your employer does need you so much, they will certainly replace you when you leave. They have a gap to fill, but they have to give you your job back or make an effort to give you a similar jobwhen you come back. You can't expect your employer to not fill the void you left, but they can't fire you because of your service.
    CPORJMUser is Offline
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    07 Jun 2019 10:03 AM
    The law you're referring to is the Uniformed Services Employment/Re-Employment Rights Act, better known as USERRA. Look here for further https://www.dol.gov/vets/programs/userra/ In a nutshell, your employer must give you time off for your military obligations, they cannot fire you or retaliate against you because of your service, and they must rehire you to the same or an equivalent position when you return. It's not up to the CG to enforce this. This is up to you. Refer to the link above, or go here..https://www.esgr.mil/ This is the site for Employer Support of the Guard and Reserve (Guard in this instance refers to the National Guard, not the Coast Guard). This organization provides resources for employers who have personnel that are Reservists.

    Many times employers will inadvertently violate USERRA because they're not familiar with it's provisions. This is simply a matter of education. It's becoming less and less frequent where there are intentional violations of USERRA.
    "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
    Joseph1994User is Offline
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    07 Jun 2019 11:31 AM
    Posted By CPORJM on 07 Jun 2019 10:03 AM
    The law you're referring to is the Uniformed Services Employment/Re-Employment Rights Act, better known as USERRA. Look here for further https://www.dol.gov/vets/programs/userra/ In a nutshell, your employer must give you time off for your military obligations, they cannot fire you or retaliate against you because of your service, and they must rehire you to the same or an equivalent position when you return. It's not up to the CG to enforce this. This is up to you. Refer to the link above, or go here..https://www.esgr.mil/ This is the site for Employer Support of the Guard and Reserve (Guard in this instance refers to the National Guard, not the Coast Guard). This organization provides resources for employers who have personnel that are Reservists.

    Many times employers will inadvertently violate USERRA because they're not familiar with it's provisions. This is simply a matter of education. It's becoming less and less frequent where there are intentional violations of USERRA.

    This is where the bulk of my concern lies. I can provide all the information in the world to my employer and educate them, but if they still choose to let me go? Now I'm on my own to deal with this? I'm just a regular guy, what am I supposed to be able to do about it? The law isn't much good if those with the authority don't back it up. 

    And as far as finding a new job should I be fired, relocate to a new location, etc I know that by law employers are not permitted to discriminate against reservists in their hiring process but what's actually stopping them from doing so? 

    CPORJMUser is Offline
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    07 Jun 2019 11:35 AM
    The CG doesnt have that authority. Did you read the links I sent? The Department of Labor is responsible for any enforcement actions against the employer. Are you worrying unnecessarily? OR do you know for a fact that your employer is going to have issues?
    "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
    Joseph1994User is Offline
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    07 Jun 2019 11:59 AM
    Posted By CPORJM on 07 Jun 2019 11:35 AM
    The CG doesnt have that authority. Did you read the links I sent? The Department of Labor is responsible for any enforcement actions against the employer. Are you worrying unnecessarily? OR do you know for a fact that your employer is going to have issues?

    I skimmed it but I'm at work so won't have time to thoroughly read it until I get home. It doesn't necessarily have to be the CG enforcing this, I'm just thinking that somebody (like maybe the Department of Labor) has to be making sure these laws are followed. 

    I could be worrying unnecessarily but I also just know that my employer won't be happy about it. To what extent will they be unhappy? I don't know. I'm just going to have to hope it all works out as I really really want to serve, but also need to be able to maintain my civilian career. 

    Thank you for the info though. I will be sure to go through all of it. 
    mkellyUser is Offline
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    08 Jun 2019 07:37 PM
    Why don't you just talk with your employer? Keep them in the loop. Do they have any other reasons to let you go? If not, it's the law. Its not hard at all to file an unlawful termination with the EEOC. Also, once you are in the Coast Guard, Coast Guard legal can help you out. They aren't there to bust down the door of your employer and enforce the law, but they can help with the legality if need be.
    Stop worrying and keep your employer in the loop. You're not the first person to join the reserves. There are tens of thousands of people in the reserves that all have jobs outside of the military. No need to be so secretive. Let them know what's going on.
    Old Guard2User is Offline
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    10 Jun 2019 09:33 AM
    I get keeping them in the dark until everything is approved. Why tell them you are THINKING about joining and then something happens and you get disqualified. But once everything is completed and you know you are good to go, sit down with your employer and tell them what's happening. You may find they are more receptive to it than you think. I wouldn't wait until Friday and say "Oh hey, Monday I won't be here... and for the next 8 weeks I won't be here. But you have to keep my job for me! See you in 2 months!"
    Sector NY, Staten Island
    Joseph1994User is Offline
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    10 Jun 2019 11:40 AM
    Posted By Old Guard2 on 10 Jun 2019 09:33 AM
    I get keeping them in the dark until everything is approved. Why tell them you are THINKING about joining and then something happens and you get disqualified. But once everything is completed and you know you are good to go, sit down with your employer and tell them what's happening. You may find they are more receptive to it than you think. I wouldn't wait until Friday and say "Oh hey, Monday I won't be here... and for the next 8 weeks I won't be here. But you have to keep my job for me! See you in 2 months!"

    That is exactly what I am waiting for. I still have to get through MEPs so I want to be sure I am completely eligible to join before I start going on "what ifs" or "maybes". Recruiter told me there's no rush to ship out to boot camp right away so I can take a few months if I need to get prepared for my absence both at home and at work and give them plenty of notice. I'm not planning to make it a surprise. I only made this post wondering if anyone here might have had an issue with their job and how they went about solving it and if everything worked out. Just needed a bit of reassurance is all I guess.
    Old Guard2User is Offline
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    10 Jun 2019 01:30 PM
    I think you'll be fine. I do agree with let's make sure everything is a go before I say I'm going. So best of luck! I'm sure everything will work out just fine. Does your regular job have a busy and slow season? If you can schedule your training during the slower times, I'm sure your employer would greatly appreciate that.
    Sector NY, Staten Island
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