Posted on Jan 9, 2014
Guardsman fired for Excessive Military Leave gets 2 Million Dollars
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A soldier in the National Guard was fired from his job at the Post Office just won a lawsuit against the Post Office for 2 million dollars in back pay and reinstatement. I know it can be hard for civilian employers to deal with soldiers in the Guard/Reserve being called up but this is pretty blatant. From what I read the law sides with him on this. He appears to be in Special Forces. <div><br></div><div>Was it too much for the employer to deal with this or should be punished to this extent?</div><div class="pta-link-card"><div class="pta-link-card-picture"><img src="http://a57.foxnews.com/global.fncstatic.com/static/managed/img/U.S./0/0/military1.jpg"></div><div class="pta-link-card-content"><div class="pta-link-card-title"><a target="_blank" href="http://www.foxnews.com/us/2014/01/09/postal-service-ordered-to-reinstate-purple-heart-recipient-fired-for-excessive/?intcmp=latestnews">Postal Service ordered to reinstate Purple Heart recipient fired for ‘excessive military leave,’ report says</a></div><div class="pta-link-card-description">The U.S. Postal Service was ordered by a federal board last week to reinstate a National Guardsman and give the man $2 million in back pay after he was fired from his job for taking excessive military...</div></div><div style="clear:both"></div><div class="pta-box-hide"><i class="icon-remove"></i></div></div>
Reserves
Job Loss
Civilian Career
Service
Edited 11 y ago
Posted 11 y ago
Responses: 2
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CPT (Join to see) , the lawyer is right. The law is completely on the side of the Sergeant Major. That law is the Service Member's Civil Relief Act, or SCRA: https://www.dmdc.osd.mil/appj/scra/ and also The Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA in particular states "Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. If you are eligible for reemployment, you must be restored to the position and seniority-
based benefits that you would have attained or, in some cases, a comparable job, had you not been absent from work to perform military service."
Clearly the USPS was wrong in terminating his employment.
USERRA in particular states "Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. If you are eligible for reemployment, you must be restored to the position and seniority-
based benefits that you would have attained or, in some cases, a comparable job, had you not been absent from work to perform military service."
Clearly the USPS was wrong in terminating his employment.
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CPT (Join to see)
It is crazy that the USPS did that. I had to use the ESGR once for one of my employees. They terminated me and said that they didn't have to hold my job if I volunteered for training. One phone call to the ESGR everything was cleared up and they were welcoming me back.
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Interesting the USPS wouldn't give dude the time off, considering it's for military duty and the USPS is a government agency. Well, there goes the price of stamps again. Guess I"ll stick to emails
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