Posted on Apr 12, 2019
Does USERRA apply to new employees, specifically federal contractors?
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I'm an army reservist being deployed in the near future (under 3 months). On the civilian side, I've been working as a govt. contractor for 8 months. I recently received a new job offer with a different contractor and agency, and I'm in the works of being on-boarded. Is it smart to take this new job, or stick to my current job? Does USERRA apply no matter how long the employee has been working? My deployment orders have not been officially published yet, so should I bring up the deployment to the potentially new employer?
Deployment
Civilian Career
Reserves
Contractors
TDY
Posted >1 y ago
Responses: 4
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USERRA is inapplicable to independent contractors. I would FU with agency to confirm - contract employee or independent contractor.
Scroll down to "Who is a Covered Employee?" - outlines what defines independent contractor.
https://www.sgrlaw.com/ttl-articles/829/
Scroll down to "Who is a Covered Employee?" - outlines what defines independent contractor.
https://www.sgrlaw.com/ttl-articles/829/
Coming Home: The DOL's New Regulations - SGR Law
More than 500,000 members of the National Guard and Reserve have been called to active duty since the September 11, 2001 terrorist attacks, the most since World War II. Of these individuals, approximately 400,000 have completed their duty and either have returned, or are attempting to return, to civilian employment. As servicemembers return to civilian... Read more
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I think it applies to all employees, not just new ones. It is not a benefit that is earned over time such as vacation. There may be exceptions though, especially since you brought up federal contractors.
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Yes, that's what I'm most worried about. Their contract is up for re-conpetition in 2 years though, so I could still try and re-apply after deployment..
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Both are as Contractor positions. Both can be precarious getting your job back after a lengthy deployment. With the 8 months under your belt with the one more folks know you and you have a track record established. If you go to the new one what kind of comfort zone do you feel you’ll have? Due to it only being up to five years of protection per employer if it was me I’d probably wait out my deployment orders with my current position. Regardless stay in touch on a monthly or every six week basis with you boss while deployed( keep your skids greased for when you return) remember it’s equal or commensurate with your current position. Over the 26 years both active and Reserve I had 8 different employers. The last corporation I’m in my 23rd year of employment. Along the way I had folks that would pay me salary while on AT and ones that did not as it wasn’t required by law. They can always find another reason to let you go not in violation. It behooves your chances to stay on the good side of your current employer( and be prepared flor the next one while in the Reserve components! Good luck LT !
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CPT (Join to see)
Thank you for the in-depth insight, Sir. Much appreciated. It's great to hear from someone who has gone through the re-employment process multiple times.
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