Long story short, my husband took a side job at a local store. One friday the military told him he needed to report to his command immediately and that drill weekend for him was starting Friday since there was paperwork and a class. He tried to find someone to fill in at the store but nobody could work so he called the manager and explained the situation. She said that he was "screwing her because she had things to do and to just tell them he had a prior obligation". Obviously he couldn't tell his command that he couldn't make it so he explained this to his manager. The next time he went in for work she told him that he was no longer needed and to bring in his uniforms. Is this legal? I thought there was some veterans act saying that his first obligation is to the government and that if he gets called up his job would have to respect that. We have the paperwork and proof that he was indeed at his command. I didn't want to contact a lawyer if she was within her rights.
2007-11-22 01:48:53 · 10 answers · asked by PinUpGal 3 in Politics & Government ➔ Law & Ethics
It's not about going back to work for her it's just the fact that maybe a large company should know that their managers fire people based on their military status.
2007-11-22 02:18:23 · update #1
This is illegal. He should contact his JAG office or the American Legion. Personally, I wouldn't want to work for the b*tch!
2007-11-22 01:53:26 · answer #1 · answered by 19G30 5 · 1⤊ 0⤋
He needs to decide what he wants first? Does he really want the jod and even if he wants to say the heck w. it does he want to make a point.
First talk to the base regardless. Wether technically illegal or not a simple call from someone at the base might result in the employer calling your husband and saying "sorry, our mistake". If he took back the job he would be basically unfirable for quite some time.
He might consider calling the owner or if it a corporate place calling the district manager or something. He might get a better deal or position at work out of it. A business really would not want the publicty for messing w. a service member in this day and age.
The sticking point is that for normal drill weekends you have to give te employer notice. So the employer is sort of right in a way. But he was still told to report so technically it is illegal. He should just maybe speak w. the manager. If she gives him crap he should just say that the business will be getting a call from the base.....and he needs to speak to the higher ups. He needs to get good and mad on principle.
2007-11-22 10:27:58 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
In the US?
Definately not. She can be tossed in jail for that.
In Canada?
I'm not sure, although I do know it (occasionally) happens.
In any case, talk to your lawyer to see if the manager is indeed in violation of the law, and to see what the penalties are.
As for her griping, that's what you get for agreeing to be management...the job comes before your own life...if none of your staff can fill the shift, YOU have to. If she continues to gripe and moan, look her in the face and flat-out tell her that the $100 a month she (was) paying your husband is not worth him being tossed in jail for failing to muster, and then loosing the $10,000 (or whatever the current rate for reservists is) a year your hubby makes being in the reserves. Plus, a deployment can be advanced with no notice.
Incidentally...if your hubby had either been recently hired...i.e., he is in his probationary period, he can be fired for any reason (or none), and has no legal recourse...or, he has a history of calling his boss and telling her that he has to deploy (and doesn't have to), he can be fired for that.
Add in that if you live in the US (a presumption based on the number of persons on this board whom are), and live in a "Right to Work" state, you can apparently be let go at short notice with little or no reason.
2007-11-22 11:05:10 · answer #3 · answered by jcurrieii 7 · 0⤊ 0⤋
That is very and let me repeat very illegal. Apparently this woman does not know that she committed a federal offense by firing your husband. What i would do is get all your ducks in a row and get legal representation as well contact the US Dept. of Labor. Like the Cajun cook would say i guarantee she gon have to explain to the feds why she fired a reservist for reporting for duty. Show your husband the link below this says it all in a nutshell
2007-11-22 13:05:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
See a lawyer, soon she will be working for him! If he has written orders (and most do) she violated the law and his rights.
previous answer, even in a "right to work" state an employer must have a documentation trail for any termination that is contested by an employee. "right to work" is either party giving up on the other but to prevent unemployment compensation an employer must have documentation detailing it was a termination with cause.
2007-11-22 11:21:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It was illegal.
The Uniformed Services Employment and Reemployment Rights Act prohibits an employer from denying any benefit of employment on the basis of an individual’s military service.
2007-11-22 09:54:04 · answer #6 · answered by Anonymous · 2⤊ 0⤋
The manager was arong. Furthermore, she is ungrateful. If it wasn't for people like your husband, she might not even have a place to run her store!
2007-11-22 09:59:14 · answer #7 · answered by J D 5 · 1⤊ 0⤋
I think you need to give appropriate notice. But if it's only a side job why worry? just go get another one.
2007-11-22 09:53:50 · answer #8 · answered by Anonymous · 0⤊ 1⤋
It sounds illegal to me. Talk to base legal.
2007-11-22 10:00:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes it is illegal he needs to talk with his commands leagal council.
2007-11-22 09:55:28 · answer #10 · answered by pugetsound1973 4 · 2⤊ 0⤋