I just trying to get a part time job with them and I don't want to say you have to unless they REALLY have to, all I keep hearing is that they don't have the money. And please give me some thing that would support your anwser. I was only in for 2 years.
2007-09-17 08:46:43 · 9 answers · asked by scott p 5 in Politics & Government ➔ Military
well its the Servicemembers Civil Relief Act not the soldiers' and sailors' civil relief act they changed it in 2003 just so you know, and no one still gave me any thing to support what you are saying.
2007-09-17 09:25:40 · update #1
They only have to hire you back if you were Reserve and called up or if you were Guard and called up.
2007-09-17 09:05:22 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If you were in the Reserve and you so stated this when you were hired OR if you joined the Reserve after being hired and notified your employer of your status, your case is pretty firm. The Reserve was called up and you left your job for service. Your employerer knew you were in the reserve when they hired you OR when you notified them after hire. They could have fired you after you joined the Reserver OR not hired you in the first place.
If you left your job to join the military, it becomes less clear. Officially you resigned from your job and if you made it clear that you resigned to join the military you may have a case BECAUSE your company has a policy of rehiring employees of good standing who left employment to join the military. If the company has no such policy you are not so likely to have an arguement.
If you really wish to return and are gettng a reluctant response, you may wish to contact the top management and talk with them. This may cut the reluctance.
One word of caution is in order. If they do not want you back, as it appears to be, returning may be a nightmare. Your supervision may become overly strict and demand nearly unacceptable performance from you. Your work life will be very stressful - and no matter what you do it will not be sufficient. Your performance reviews will follow the cow boy movie expression "give him a fair trial and then hang him" meaning that they are likely to be out to get you. Do you believe this is worth it? There are other empoyers.
2007-09-17 16:29:54 · answer #2 · answered by GTB 7 · 0⤊ 1⤋
Its a double edge sword my friend. Did you leave on good terms like your two weeks notice , they new you where going in the service? Some jobs have a time limit when your gone before they open your job to new folks. Good the VA there is a section that will answer your questions about going active and returning home. Or call you local VA and talk to the human resource department thy will answer you questions and give you the location to all the info you seek.
2007-09-17 16:45:15 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I hate having to do this... but I'd suggest you speak with an attorney. If you're reserve, you might be able to get one through the military. If not, there are ways to get the help of an attorney for as little as about $400 or so a year, plus a discount on their hourly rates if the lawyer has to spend more than some maximum on your case.. Unfortunately community guidelines don't allow me to tell you where.
Warning: getting your old job back against the will of the owners... or their hiring manager,you could be opening yourself up for problems. If they want to get rid of you, you might look for a way to get rid of you. And their attorneys are smart enough to figure out a way to do it legally. Being fired with cause, and not being to use them as a reference, will probably not look good when looking for another job.
2007-09-17 16:14:58 · answer #4 · answered by gugliamo00 7 · 1⤊ 0⤋
If you were in the National Guard or Reserves and got activated for a deployment, then yes they have to hire you back. It is covered under the Soldiers and Sailors Act. If you quite your job to join the Army, and now you finished your enlistment, they do not have to hire you back.
2007-09-17 16:06:28 · answer #5 · answered by Chris 5 · 2⤊ 1⤋
If you simply quit work at a civilian job to join the Army, and you are now out, No, they have no obligation to re-hire you.
If you had been drafted (and thats not an option) or your unit in the reserves or national guard had been called up for service, then yes, you should be able to get your job back.
2007-09-17 16:01:38 · answer #6 · answered by Anonymous · 1⤊ 1⤋
It is my understanding..and it could be incorrect as things change, that the only employers who have to re-hire a previous military member is if that person was in the reserves or gaurd. If you enlisted as active duty, I do not believe your company has to garuntee you a job after you complete your term of service and/or seperate.
2007-09-17 18:29:01 · answer #7 · answered by Annie 6 · 0⤊ 0⤋
Hey Scott, Great to have you back and the answer is YES< they have to hire you back if they have record of your absents in the Army. So, you were working there and then you recieved orders so you left right? If you want to go back to that job then they will hire back however, they might or might not have you doing the same thing. It is up to you if you want to go back. Hey, good luck and again, thanks for serving our country!!
2007-09-17 15:57:07 · answer #8 · answered by Autismmomof2 4 · 1⤊ 1⤋
As previously mentioned, they are not obligated to rehire you. That only applies to reservists, and national guard troops called to active duty, and in those cases they aren't really rehiring you, you're just going back to your job.
2007-09-17 16:23:03 · answer #9 · answered by Mike W 7 · 0⤊ 1⤋