Can Sean Spicer take advantage of USERRA if Trump decides to fire him?

1SG Private RallyPoint Member — Sun, 14 May 2017 16:45:03 -0400

There are reports that POTUS may fire Spicer, Priebus and Bannon this week, in part because of how the Comey situation was handled. Since Sean Spicer was performing his duties as a Navy Commander during that week, he was not really available to handle any duties as Press Secretary. Does USERRA protect him in this case?

Response by CSM William DeWolf made May 14 at 2017 4:49 PM

CSM William DeWolf — Sun, 14 May 2017 16:49:09 -0400

It was my understanding that he offered to not do the reserve duty but Trump said no! Either way he should be protected!

Response by SPC Erich Guenther made May 14 at 2017 5:05 PM

SPC Erich Guenther — Sun, 14 May 2017 17:05:21 -0400

I don't think so, because it is a political appointee position in which case USERRA should not apply. My interpretation of USERRA is it only applies to jobs obtained via the regular civilian employment process versus those of a specific term and/or appointment process.

Response by Lt Col Private RallyPoint Member made May 14 at 2017 5:36 PM

Lt Col Private RallyPoint Member — Sun, 14 May 2017 17:36:13 -0400

Thats a good question, that may need a SCOTUS review. The question would be is a political appointee considered an employee in the traditional sense? I would venture, the answer is no. A political appointee has the understanding that the tenure is limited also they serve at the pleasure of the POTUS. He can hire and fire at will usually. Then the question begs does Spicer want to serve in a post where is boss has lost confidence in him. I have to assume a political post is handled differently. Otherwise, lets say Trump loses in four years. Does this mean that Spicer could go on orders during the inauguration of the successor and be guaranteed to be the Press Sec for the new guy? I don't think so. I think that would hamper the intent of those posts.

Response by 1stSgt Nelson Kerr made May 14 at 2017 10:01 PM

1stSgt Nelson Kerr — Sun, 14 May 2017 22:01:48 -0400

That is a great question

Response by COL Jon Thompson made May 14 at 2017 10:30 PM

COL Jon Thompson — Sun, 14 May 2017 22:30:22 -0400

I wondered the same thing when I heard people talk about him being replaced. I seriously doubt it would apply due to the nature of his position and being an aid to the President. He can fire people at any time (James Comey) so he can replace his Press Secretary any time he wants.

Response by CPT Jim Schwebach made May 15 at 2017 9:15 AM

CPT Jim Schwebach — Mon, 15 May 2017 09:15:45 -0400

Since when have precedent or even the laws of our nation had any influence with our Great Orange President? He'll fire whomever he wants whenever he wants.

Response by CW3 Private RallyPoint Member made May 15 at 2017 9:59 AM

CW3 Private RallyPoint Member — Mon, 15 May 2017 09:59:32 -0400

It doesn't matter. Spicer will screw something else up and get canned anyway.

Response by SSgt Private RallyPoint Member made May 15 at 2017 11:13 PM

SSgt Private RallyPoint Member — Mon, 15 May 2017 23:13:16 -0400

It would end up depending on reason or possible perceived reason for termination. If the termination is for his inability to perform required duties due to military service then I would think it does apply. If the reason was poor performance or ineptitude in performance of duties than it would not apply. I would think one of the Presidents advisors would inform him that he cannot use military service as part of the reason for termination.

All he has to say is I don't like you; you're fired.

Response by SFC Michael Hasbun made May 16 at 2017 12:01 PM

SFC Michael Hasbun — Tue, 16 May 2017 12:01:34 -0400

And what kind of bullet does that firing generate for his OER?