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Vet Preference-narrowing Definition Florida

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  • Vet Preference-narrowing Definition Florida

    The federal law defines who us a veteran eligible for veteran preference. The state of Florida narrows that definition to state such preference is allotted ONLY if you are a state resident, which seems odd since military members protect the United STATES (plural) and not just one state. Haven't seen that before. I usually see where lower level government will expand a federal law (and in other ways FL did this). But I have always warned my clients to be wary in adding more restrictions than the Feds. Thoughts? Ideas? Thanks in advance.

  • #2
    There are some FL AG opinion letters on a different point that residency restrictions are not illegal as such in FL . So IF the job had an overall restriction as to residency that might rule out an non resident veteran .

    I see your point as to FL law ....but if the position is open to non residents but one seeks to avoid a veterans reference merely because the applicant is a non resident you may be inviting long debate as to public policy vs law as written ? Of course if a resident veteran was not selected and a non resident veteran was picked the debate may tHicken.

    Is this not an appropriate question to,lay out in advance to the Fl AG?

    I've seen at least one hefty retroactive pay and benefits award in my state to a veteran who was bypassed by a public sector employer covered by the state preference ...your question is not a moot one,

    My personal view is that ALL veterans with honorable discharge deserve a preference ...but my vote doesn't count.

    Comment


    • #3
      PS. FL law addresses just wartime service . My state law is all veterans .

      I'm not so sure that the federal definition of a veteran for federal service preference is binding as to state preference for state jobs? Never researched it. But I can assure you at least one Vietnam vet might attest to the useLESS nature of veterans preference IF somebody has some other affirmative action step in place.

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      • #4
        State laws apply to state residents. Florida can not make binding a law which affects or is binding on non-residents. Employers are always obligated to comply with both state and federal law. It is not unusual for a state to have a law which is preempted by a more generous federal equivalent. In that case, the employer would have to ensure they are complying with both. If that means following federal law, the fact that there exists on the books a less generous state law is meaningless. I'm not sure what your motivation is here. Are you a veteran who is from outside Florida who was denied preference for a job inside Florida? Just debating out of curiosity?
        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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        • #5
          The federal preference only covers federal positions.. The state law only covers state positions and then one sorts thru municipal level issues ...our local fire department has multiple military veterans and there may be some interesting credits and pension options for prior service as well.....gets confusing very quickly. and there have been one or more executive orders on point ..and one of our staff attorneys who just happened to be a combat veteran infantry office as well opined that it also gave veterans equivalent status as to affirmative action as did other classifications ...a point never tested in our firm. Let's agree it may be a can of worms ..and wise counsel in FL representing FL state employers covered by act might be smart to,ask Fl AG for written guidance on point.?

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          • #6
            Preference in hiring has zero to do with pensions, benefits, creditable service time, or anything else. Sometimes those things are part of the same law or a different law but it has nothing to do with the initial hiring phase. Preference is not binding on the private sector across the board.
            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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            • #7
              depends what you mean by veterans preference ..narrow view perhaps...but the USERRA can get pretty broad as to bridges for pensions etc..and some may lump this as a form of preference for veterans and some states do allow for private sector veterans preference .....but apparently not FL And there are lots of quirks...Officers in the US Public Health Service are covered as uniformed service personnel during wartime even if the closest they got to combat zone was Cleveland, OH.

              And preference to get hired may well get into salary and benefits as some organizations give service credit or pay scale credit for prior military service and some units of state government allow for buy in a service credit for pension plan purposes ....far from easy to sort out. Agreed Im not in FL..but local application of veterans preference might result in a new hire soaring to top of salary scale but with very low unit seniority

              OP would be smart to get the FL AG to opine in writing as to applicability to state jobs...

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              • #8
                None of which has anything to do with the OP's question of hiring preference. You are inventing scenarios which do not exist. No one is asking if service time must count toward a pension or anything of the sort.
                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.

                Comment


                • #9
                  're: vet preference

                  Originally posted by ElleMD View Post
                  State laws apply to state residents. Florida can not make binding a law which affects or is binding on non-residents. Employers are always obligated to comply with both state and federal law. It is not unusual for a state to have a law which is preempted by a more generous federal equivalent. In that case, the employer would have to ensure they are complying with both. If that means following federal law, the fact that there exists on the books a less generous state law is meaningless. I'm not sure what your motivation is here. Are you a veteran who is from outside Florida who was denied preference for a job inside Florida? Just debating out of curiosity?
                  Actually the out of state vet was hired and there is no driving issue other than philosophical confusion in what, in my opinion, is combining vet preference and any local or state initiative to hire FL residents. Seems like it would have been cleaner to separate them but then again they're not exactly used to that in politics. Lol. Thanks for the input!

                  Comment

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