Posted on Jul 6, 2015
"Air Force officer: State bosses told me to ‘quit playing soldier’"
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From: NY Post
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A hero US pilot claims his bosses at the New Jersey Turnpike Authority have harassed him for years because they want him to “quit playing soldier” in the Reserves.
Col. Jack O’Connell, 50, who was wounded in Baghdad and flew 30 combat missions during Operation Desert Storm, says the agency denied him leave to attend military training in Nebraska last month, and he fears he’ll be fired.
He is already suing the Authority, alleging it blocked his promotions and raises for years because of his five active-duty tours in Iraq and at Guantanamo Bay.
“When you’re in the military you have an obligation,” O’Connell told The Post. “I get an order, and I go.”
O’Connell, of South Amboy, NJ, began his military career flying Navy F-14 fighter jets off aircraft carriers during the First Gulf War in 1991. He was decorated for valor after flying dozens of strike missions in and around Baghdad.
O’Connell left active duty in 1993 and earned a law degree at Seton Hall. After the Sept. 11 attacks, the newly minted attorney joined the Air National Guard.
“When 9/11 happened, I felt an obligation,” he said. “They wouldn’t let me fly anymore and asked me to be a judge advocate.”
O’Connell was hired by the Turnpike Authority in August 2002 as in-house counsel in its Woodbridge headquarters.
He had to leave his job five times to serve his nation, once to oversee legal operations at Guantanamo Bay in 2004-2005. He also worked as legal adviser to Gens. George Casey and David Petraeus in Iraq. His first tour of duty lasted 14 months. He missed nearly six years at his civilian job in total because of the deployments scattered over 13 years.
In 2007, he was wounded in Iraq while running for cover during a rocket attack.
But despite his heroic military duty, O’Connell says he was badgered and bullied whenever he returned to his civilian job at the Turnpike Authority. The colonel claims in his suit his belongings were boxed and shipped out while he was on duty overseas and his work e-mails were hacked.
Bosses demanded to see copies of his military orders and were suspicious of his long absences, with one of them asking, “How do we know he was in Baghdad and not on a beach in Key West?” court papers say.
During conversations with two high-ranking bosses about a promotion opportunity, he was told, “I’d like to move you up, but you need to quit playing soldier,” the suit says.
Reservists’ jobs are protected by state and federal rules. If they are called up for duty, employers are required by law to pay them for 90 days of active duty per calendar year.
They are also obligated to protect reservists’ jobs even if their tours of duty run up to five years, and time spent in combat zones is not counted against that threshold, said Richard Galex, a lawyer representing O’Connell.
“His claims of harassment were thoroughly scrutinized by the district court and were found to have no merit,” said Thomas Bigosinski, an Authority lawyer.
O’Connell said his employer does not recognize the sacrifice he and fellow soldiers are making for their nation.
“Four-star generals have said to me that we cannot do our mission without the reserves,” he said. “If it’s not us doing it, then who does it?”
http://nypost.com/2015/07/05/air-force-officer-state-bosses-told-me-to-quit-playing-soldier/
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A hero US pilot claims his bosses at the New Jersey Turnpike Authority have harassed him for years because they want him to “quit playing soldier” in the Reserves.
Col. Jack O’Connell, 50, who was wounded in Baghdad and flew 30 combat missions during Operation Desert Storm, says the agency denied him leave to attend military training in Nebraska last month, and he fears he’ll be fired.
He is already suing the Authority, alleging it blocked his promotions and raises for years because of his five active-duty tours in Iraq and at Guantanamo Bay.
“When you’re in the military you have an obligation,” O’Connell told The Post. “I get an order, and I go.”
O’Connell, of South Amboy, NJ, began his military career flying Navy F-14 fighter jets off aircraft carriers during the First Gulf War in 1991. He was decorated for valor after flying dozens of strike missions in and around Baghdad.
O’Connell left active duty in 1993 and earned a law degree at Seton Hall. After the Sept. 11 attacks, the newly minted attorney joined the Air National Guard.
“When 9/11 happened, I felt an obligation,” he said. “They wouldn’t let me fly anymore and asked me to be a judge advocate.”
O’Connell was hired by the Turnpike Authority in August 2002 as in-house counsel in its Woodbridge headquarters.
He had to leave his job five times to serve his nation, once to oversee legal operations at Guantanamo Bay in 2004-2005. He also worked as legal adviser to Gens. George Casey and David Petraeus in Iraq. His first tour of duty lasted 14 months. He missed nearly six years at his civilian job in total because of the deployments scattered over 13 years.
In 2007, he was wounded in Iraq while running for cover during a rocket attack.
But despite his heroic military duty, O’Connell says he was badgered and bullied whenever he returned to his civilian job at the Turnpike Authority. The colonel claims in his suit his belongings were boxed and shipped out while he was on duty overseas and his work e-mails were hacked.
Bosses demanded to see copies of his military orders and were suspicious of his long absences, with one of them asking, “How do we know he was in Baghdad and not on a beach in Key West?” court papers say.
During conversations with two high-ranking bosses about a promotion opportunity, he was told, “I’d like to move you up, but you need to quit playing soldier,” the suit says.
Reservists’ jobs are protected by state and federal rules. If they are called up for duty, employers are required by law to pay them for 90 days of active duty per calendar year.
They are also obligated to protect reservists’ jobs even if their tours of duty run up to five years, and time spent in combat zones is not counted against that threshold, said Richard Galex, a lawyer representing O’Connell.
“His claims of harassment were thoroughly scrutinized by the district court and were found to have no merit,” said Thomas Bigosinski, an Authority lawyer.
O’Connell said his employer does not recognize the sacrifice he and fellow soldiers are making for their nation.
“Four-star generals have said to me that we cannot do our mission without the reserves,” he said. “If it’s not us doing it, then who does it?”
http://nypost.com/2015/07/05/air-force-officer-state-bosses-told-me-to-quit-playing-soldier/
Air Force
Reserves
Posted >1 y ago
Responses: 19
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If we are still fighting these types of battles in this day and age then employers just don't want to get it and that's just as sad as it is wrong. Next thing (and I'll bet its been done for years) they'll be using being in the Guard or Reserves as a determining factor in hiring - of course they'll make it difficult as hell to prove like salary and age discrimination - but they'll get away with it.
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SGT(P) (Join to see)
I am blessed that my employer, has always been willing to work with the demands my National Guard commitments place on my work schedule. To this point I have not been deployed, but have attended several long-term military schools required by my MOS. Looking at it from a hiring point of view, if two equally qualified candidates interview for a position but one of the candidates is a member of the Guard/Reserves I think it would certainly give the employer reason to consider the other candidate.
As for Guard/Reserve members already holding a job where their employer is being difficult about working with their schedule, what are other circumstances? Is them employer being unreasonable about normal drill/AT dates, or is the employee volunteering for every deployment that comes along? Federal law protects the employee in either case, but if it was a factor in discrimination/termination, as MAJ Petrarca said, it would be hard to prove and the employer would get away with it.
As for Guard/Reserve members already holding a job where their employer is being difficult about working with their schedule, what are other circumstances? Is them employer being unreasonable about normal drill/AT dates, or is the employee volunteering for every deployment that comes along? Federal law protects the employee in either case, but if it was a factor in discrimination/termination, as MAJ Petrarca said, it would be hard to prove and the employer would get away with it.
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SSG Robert Webster
SGT(P) (Join to see) - I do see one problem with the story that if accurate puts the Colonel in a poor position - "Bosses demanded to see copies of his military orders and were suspicious of his long absences, with one of them asking, “How do we know he was in Baghdad and not on a beach in Key West?” court papers say." The reason that I say this is that by law he is obligated to provide his employer (and some will conclude that his boss or bosses are his employer) with copies of his orders in a timely manner. The statement quoted indicates that he did not do this on a regular and timely basis.
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SGT(P) (Join to see)
SSG Robert Webster - A good point. The way I read USERRA there is no requirement to provide orders before military service, only upon completion and return to work.
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SSG Robert Webster
SGT(P) (Join to see) - Thank you for your reply. Though my interpretation of the pre-deployment checklist indicates otherwise, here are parts of the relevant sections of the checklist:
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
Notify your employer, in person if possible of your activation. ESGR has sample letters that you may use a template to notify your employer of your service obligation The Department of Defense Instruction strongly suggests that you provide your employer with at least 30 days of advanced notice whenever possible.
If orders become available, you may present a copy to the appropriate supervisor and Human Resources (HR) representative.
And with the individual concerned, you would think and hope that due to his rank and his position in both the military and with his civilian employer, that said individual would follow the precept of "crossing the t's and dotting the i's". From the information provided in the articles, the individual appears to have contributed to the problem. To be honest with you, I actually have no sympathy or empathy with this individual. If this individual was a junior officer, a junior field grade officer, or a junior NCO or below, I might have some sympathy for them.
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
Notify your employer, in person if possible of your activation. ESGR has sample letters that you may use a template to notify your employer of your service obligation The Department of Defense Instruction strongly suggests that you provide your employer with at least 30 days of advanced notice whenever possible.
If orders become available, you may present a copy to the appropriate supervisor and Human Resources (HR) representative.
And with the individual concerned, you would think and hope that due to his rank and his position in both the military and with his civilian employer, that said individual would follow the precept of "crossing the t's and dotting the i's". From the information provided in the articles, the individual appears to have contributed to the problem. To be honest with you, I actually have no sympathy or empathy with this individual. If this individual was a junior officer, a junior field grade officer, or a junior NCO or below, I might have some sympathy for them.
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I thought the civilian employers had an obligation to support the reserve component under the Sailors and Soldiers Act - at least to hold their job during a deployment. If this is not the case, then the negative publicity will get their attention. It just seems like the right thing to do when someone wants to fight for their country. Employers like this just baffle me.
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PO1 Darren Williamson
NJ Sucks State managers break the rules they created I hope he can prove it Good luck
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SSG Robert Webster
I do see one problem with the story that if accurate puts the Colonel in a poor position - "Bosses demanded to see copies of his military orders and were suspicious of his long absences, with one of them asking, “How do we know he was in Baghdad and not on a beach in Key West?” court papers say." The reason that I say this is that by law he is obligated to provide his employer (and some will conclude that his boss or bosses are his employer) with copies of his orders in a timely manner. The statement quoted indicates that he did not do this on a regular and timely basis.
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MAJ Haris Balcinovic
COL Jean (John) F. B. - Sir that's usually the hardest part proving the employer violated USERRA they're getting really smart with circumventing the law.
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SSG Ralph Watkins
It depends not on the law but who is willing to pursue the violators. Many times the violators have better lawyers & come up with all kinds of other reasons why they are screwing over the service member. My old unit had an old CSM who like a pit bull on making sure the USERRA laws were upheld. He had the backing all the way up to our Adjutant General's Office & lots of legal muscle to back him up. When he passed away, so did his veracity. It's not uncommon now to hear someone laid off of our hounded by their employer over their military duties.
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USERRA Law is very clear regarding these type of civilian employment problems. Written orders are not mandatory, verbal notification is all you need to do. However, private or even state employers can still create a very unfriendly environment for service members. You are eligible for all pay raises and promotions, but you are not guaranteed promotion under USERRA Law. Reality is most employers will say to the public they love their service members, but truthfully hate it when you are gone.
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SSG Robert Webster
MSgt Christopher Maddaloni - I have not read the law, however I can read the information at the ESGR website and follow the checklist, which states differently about written orders -
Pre-mobilization:
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
Notify your employer, in person if possible of your activation. ESGR has sample letters that you may use a template to notify your employer of your service obligation The Department of Defense Instruction strongly suggests that you provide your employer with at least 30 days of advanced notice whenever possible.
If orders become available, you may present a copy to the appropriate supervisor and Human Resources (HR) representative
Review military and company policy with supervisor and HR personnel
Share with your employer your projected return to work date
Keep a record of names, dates, and a summary of your conversations with your employer
De-mobilization:
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
It is recommended you present the appropriate supervisor and Human Resources (HR) representative with a copy of your discharge/separation order. If you were gone for more than 30 days and your employer requests proof of your service, you must provide it, once it is available.
Keep a record of names, dates, and a brief summary of your conversations with your employer
Expect protection against discrimination and harassment
Pre-mobilization:
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
Notify your employer, in person if possible of your activation. ESGR has sample letters that you may use a template to notify your employer of your service obligation The Department of Defense Instruction strongly suggests that you provide your employer with at least 30 days of advanced notice whenever possible.
If orders become available, you may present a copy to the appropriate supervisor and Human Resources (HR) representative
Review military and company policy with supervisor and HR personnel
Share with your employer your projected return to work date
Keep a record of names, dates, and a summary of your conversations with your employer
De-mobilization:
You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
It is recommended you present the appropriate supervisor and Human Resources (HR) representative with a copy of your discharge/separation order. If you were gone for more than 30 days and your employer requests proof of your service, you must provide it, once it is available.
Keep a record of names, dates, and a brief summary of your conversations with your employer
Expect protection against discrimination and harassment
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MSgt C Madd
Robert, I'm not saying never provide any orders or paperwork to your civ employer, just there are a lot of if's and when available in the Law. By all means it would be in your best interest to do so if your would like a good relationship with them. It's usually never on your civ employers timeline, and that usually sours the relationship. Just saying.
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