I have to ask this question because it just happened at the job I work for. A lady that works there told me that her daughter was coming to work the following day. The next day, I was asking her about the daughter because I mistakenly thought this other girl was her, and she told me that they wouldn't hire her because she was in the Reserves, and it was likely she would be going to Iraq, and that someone else who really needed a job could get this job. I thought that was so funky. Look, I just want honest answers here. No opinions. If you got facts. let me hear it.
2007-12-01 02:05:49 · 10 answers · asked by savvyladydiamond 3 in Politics & Government ➔ Military
This is for Patrick G. You have served your country as I have, and you tell me that they don't have to hire you if you want a job? to take care and support yourself?
2007-12-01 02:44:18 · update #1
hmm dicey. USERRA protects against people ALREADY working.. they cannot lose their job or otherwise be passed over for raises and promotions due to military service. I do NOT believe it is illegal for any employer to not hire you in the first place. I will have do some research on the law.
2007-12-01 02:11:07 · answer #1 · answered by Mrsjvb 7 · 1⤊ 1⤋
An employer is under no obligation to hire anyone.
If they feel that the prospective employees would not be the best candidate because of their military status, then they do not have to hire them.
{edit} I have served this country to protect a state of democracy and freedom. If an employer does not want to hire someone because they may have to deploy and disrupt their work... then that is their choice.
If the government mandates that certain people are hired, then we lose freedom and that is NOT what I have served this country for.
There are 100 employers that will hire retired and ex military on the spot for every one idiot that will not. There are other jobs.
2007-12-01 02:13:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The employer would have an issue if the fired an existing employee. However, I believe that there is no law regarding the company not hiring someone because of "reserve military status."
2007-12-01 02:17:12 · answer #3 · answered by Return of Bite My Shiny Metal... 7 · 1⤊ 0⤋
Unfortunately yes, they can decide to not hire a Reserve or National Guard soldier for just that reason...but they can't say that THAT is the reason! If the soldier asks why they weren't hired...the employer will have to make up some other excuse.
2007-12-01 11:30:15 · answer #4 · answered by little e 3 · 1⤊ 0⤋
If he has not shipped to straight forward, he can get out yet on condition that he's in the guard, they're going to provide him an administrative discharge. it is not a dishonorable discharge and could need little influence on his civilian occupation. merely tell him to tell the recruiter that he has replaced his recommendations because of the fact he plans on going a techniques away for college and he can not greater healthy it in his time table. The recruiter will make some noise approximately it yet he would be waiting to get out. enable this be a lesson, do not sign for issues once you turn 18. once you sign for issues, you're accountable for even if you signed for. to boot, is he truly not liking it because of the fact he would not understand what is going on or does he deeply sense that that's not for him. this is perplexing to understand why he has not given this slightly greater time. he remains new at this and he could reassess. by ways, has he had any allergies problems?
2016-10-10 00:07:27 · answer #5 · answered by smyers 4 · 0⤊ 0⤋
Legally, NO. reality sure. There are plenty of companies who do not want the Guard and reserves on their payroll and subject to activation and recall and deliberately(discretely) do not hire any.
Sucks but it is the truth. I left a job for active duty and my employer told me point blank- don't come back, we will not rehire you as the law requires us to do and will fight you in court. Who would go back to such a place anyway. But I still do not like that man even though he has been dead many years!
Ret. USAF SNCO
2007-12-01 12:17:21 · answer #6 · answered by Anonymous · 1⤊ 0⤋
In my opinion thats discrimination, if they know she may be going to Iraq and so they don't hire her because they know they have to have her job waiting around for her when she gets back, then thats discrimitory, there excuse is they just haven't hired her yet, so they can do whatever they want to.
2007-12-01 02:19:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋
that is called discrimination. and uhh can definately be brought to court and they can get served. you cant do that just because someones is a reservist. thats like me saying.. ohh you're chrisitan and we do dont want to hire you. simple as that.
2007-12-01 15:34:55 · answer #8 · answered by Krazy 2 · 0⤊ 0⤋
Technically, they cannot not hire somebody because of their military status but good luck proving it.
2007-12-01 05:36:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He or She would be my first choice;,to Hire;
2007-12-01 02:18:31 · answer #10 · answered by section hand 6 · 0⤊ 0⤋