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Couldn't find the right forum for this so posting it here Mississippi

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  • Couldn't find the right forum for this so posting it here Mississippi

    I am fresh back from two tours of duty in Iraq and two in Afghanistan. I have been in the Mississippi Army National Guard since 2008. Just prior to joining the Guard I obtained employment at a nationally known ambulance company, and it sucked so bad that I kept volunteering for new deployments before my deployment even ended. Having rode the wheels off of this train, no deployments left to go on, and my enlistment ending in February I have returned home. I have not been back to my place of employment since April of 2009. In my absence the management has completely changed, no one I knew is still there, my station and my county have been lost to contract negotiations, the labor force has been cut in half, and they have basically ran the company in the ground. I have been asked by current management, "How do I know you work for me sir?" They are telling me that I have been retroactively laid off and will not put me on the schedule, yet they are hiring. I have USERAA rights to re-employment and I really hope in fact that they refuse to re-employ me. What I want to know is when and how do I obtain the right to sue them and what relief is available to me? I don't really want my job back badly enough to sue them to get it, and if that is the only relief I have I just won't bother. I'm back from the sand box with lots of shiny new ribbons and pins, and I'm sure that I can sell that good experience to someone who will appreciate it. On an unrelated note, I used to post here frequently and I see that some of the people I respected a great deal are still here.

  • #2
    I remember you, Stridor; welcome back and thank you for your service.

    There are other posters who are better versed in USERAA than I am so I'll let them respond.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Same here - I remember you. Also, same here re thank you for your service.

      I, also, don't know as much about USERAA as some of the other posters. Hopefully, someone who can help you will come along before too long.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Me three. Thank you for your service, and I hope someone chimes in with the answers you need.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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        • #5
          Man, three of my old favorites right away. It's like a mini reunion. I appreciate your thanks; though my service was slightly less than altruistic. I have lost my taste for conflict, and hopefully some one here can tell me the magic words to just get them to do the right thing. It's very good to hear from all of you again.

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          • #6
            And you too, Stridor.

            Seems to me Morgana knew a fair bit about this. Cyjeff too.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              I also want to say welcome back! I'm sure someone with USERRA expertise will be along shortly. In the meantime, my understanding is that the National Guard provides resources for returning employees and may have familiarity with these issues.
              I am not able to respond to private messages. Thanks!

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              • #8
                Welcome back Stridor!

                I know a bit about USERRA but your situation is far from straight forward. The best I can do is post this link to the regulations which is actually in question/answer format. http://www.ecfr.gov/cgi-bin/text-idx...02_main_02.tpl

                Your reemployment rights depend on how long you were gone, and whether this new employer is a sucessor in interest. Also, if there were mass lay offs and your old position was eliminated and would have been eliminated even if you hadn't been serving, you are not entitled to reemployment.

                As for suing, typical remedy is reinstatement.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  I went to the armory today and they made a few phone calls for me. It appears that what Elle said is what applies. I would have apparently been laid off, along with everyone else who worked the county station I did, had I been at home. Apparently three years eight months at a stretch is a bit long to be gone from an employer. But on the upside, I can get unemployment. I also remembered how hard getting out of the military is economically speaking from when I was a fleet marine forces corpsman back in the 90's. I saved all my combat pay and hazardous duty pay, and basically anything that I didn't need to keep myself armed, armored, and warm. Did you guys know it gets really cold in Afghanistan? I didn't until I got to Kabul. I have probably two year's salary from that job saved up, and it just isn't worth the fight. I have had a lifetime worth of fighting in the last three years eight months. I've honestly lost my taste for it. I have, among other things, a shiny new combat medic badge, it should open a few doors for me. Since I have some savings I should be able to go find someplace that fits me and doesn't drive me crazier. When I left home my daughter Click image for larger version

Name:	carmed.JPG
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ID:	1571416 was 15 and now she's grown and in her first year of college. I've missed so much to avoid working for people who keep my life in constant turmoil I'm just not willing to do it anymore. I owe living a good life to my brothers who will never come home.
                  Last edited by Stridor; 01-16-2013, 12:29 PM.

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                  • #10
                    Welcome back Stridor!

                    Perhaps I missed this, I dunno. But have you considered contacting the company that has the contract for your county? Experience pays off big time. You're now a combat medic, so certs won't be a problem. And then, you served in your county, and that experience could help as well.

                    Or, if CM is your gig, have you considered going to college and getting licensed in physical rehab? Then hit up the VA for a job.
                    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                    I also may not have been either sane or sober when I wrote it down.
                    Don't worry, be happy.

                    http://www.rcfp.org/taping/index.html is a good resource!

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                    • #11
                      Stridor, Welcome Home, Brother--

                      At least that's what we said 40+ years ago. I can believe the sandbox gets hot, especially at altitide. The coldest I ever was in my life was in a tropical jungle, wet, and at 6,000 feet. It was 115 degrees in the afternoon, and about 40 at night. But that's history.

                      I remember a buddy of mine from the day. He joined the Navy to avoid the draft, and went to pharmacy school. He thought 4 years on a boat handing out aspirin beat two years of ground duty in the Army. He ended up doing two tours in RVN as a Marine corpsman, and still was in for 4 years! How that applies to you, my friend, is he used that training to get into med school, and now he is very well situated! Your field experience is also in great demand in ORs and ERs everywhere as a Physician's Asst. Meatball surgery and field wound treatment gets you an interesting perspective that can't be learned in a classroom or simulator.

                      If you've got some money stashed, spend some time figuring out what you want to do when you grow up, and go do it.

                      Thanks for your sacrifice, my brother. (Give that daughter a hug--
                      Last edited by Texas709; 01-17-2013, 05:59 AM.

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                      • #12
                        I want to thank all of you for your warm welcome back. That really means a lot to me. I have fought hard to come back and live my life. Catus Jack I appreciate the suggestion, I contacted the company that took over my county nearly a year ago and they seem like a good bunch. I am thinking I will look into Texas709's suggestion and maybe look into being a physicians assistant. I can work and go to school so why not? I have seen so much and I am quite weary.My combat medic badge Click image for larger version

Name:	cmed.JPG
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ID:	1571417 should open a few doors. I wanted nothing more than a good bath when I got home. Back in 09 I had seven showers in eleven months, it was kind of rough. I'm so glad to be home; I drove twelve hundred miles to see my daughter, she is currently a cadet at West Point and I am so proud of her. Thanks to all, and Godspeed.
                        Last edited by Stridor; 01-17-2013, 11:04 AM.

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                        • #13
                          Welcome back and thank you. It sounds like you have a good plan in mind. At your age and experience, do not settle for less than you can get. It sounds like your daughter also on a good track. She must have been looking at your example.
                          Last edited by GotSmart; 01-22-2013, 05:25 AM.

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                          • #14
                            Hate to necropost...

                            ... but I didn't want to clutter up the board. Just wanted to let everyone know that I am employed by the ambulance company that took over my old county. I have been here a little while now and I'm doing well. They treat all of us well, the people in our area like us better than the old company, and the pay is nice. I had a few rough patches adjusting to civilian life. Paying rent, buying food, paying utilities, buying clothes, all the things that uncle used to do for me. The boredom was kind of tough but now boring is good. I have one of my army brothers living with me and he works for the same company. We help each other along and I think it will all work out.

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                            • #15
                              Thanks for the update. That's great - seems things are going well. The best of luck to you in the future.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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