Posted on Nov 27, 2017
Does anybody have any advice on being 'let go' due to AT?
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So im in a bit of a situation with my current employer and the current contract I am on. I have surpassed my 'hire' hours by quite a bit, but the only reason they refuse to hire me on full time is due to two upcoming AT's, in February and April. I am in good standing with the company, I am also located in Iowa.
Looking for any advice on this issue, thanks in advance!
Looking for any advice on this issue, thanks in advance!
Posted 7 y ago
Responses: 9
Sounds like a USERRA question. I'd talk with your first line and get with ESGR to get some concrete answers.
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For a permanent employee the Uniformed Service Employment and Re-employment act , 38USC, Section 431-4333 applied and requires return to job without loss of seniority and employment protection including pay rate for permanent employees called to active duty including AT or order longer terms. A temporary employee doesn't have the same rights to this employment protection although it sound like discrimination to me on the part of the employer but then I'm not a legal expert. I'm certainly glad I never had to deal with an employer like that.
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I'm confused by your statements as there are some key words that legalese language will interpret differently, are you an employee (the business pays your portion of employment taxes), are you a 1099 contracted individual (you pay the IRS directly), or are you a temp/term employee? Also how do you know "the only reason they refuse to hire me on full time is due to two upcoming AT's?" That statement is highly subjective and you need proof before USERRA will act in your behalf. As Iowa is a right to work state USERRA is very difficult to prove as the company doesn't need to give you a reason they can fire you for any reason or no reason at all.
FYI I lost two jobs due to deployments (at least came home to no job) I also had several employers openly state they'd hire me if I quit the reserves. My best advice is to find a better job, with an employer who will work with you rather than make your life miserable.
FYI I lost two jobs due to deployments (at least came home to no job) I also had several employers openly state they'd hire me if I quit the reserves. My best advice is to find a better job, with an employer who will work with you rather than make your life miserable.
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PFC (Join to see)
I am currently a temp, with the contract being temp to hire sir, I sat down with the head of HR and the Operations manager last tuesday to discuss options and was directly told they do not want to hire me due to the upcoming days I would be gone.
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SSgt Boyd Welch
First question...has this company hired every temp that has worked for them? The truth is that you work for the contract agency and not the contracting employer so the normal employment rules do not apply. a temp(or contingency employee) has no right of hire. But as an aside, I think that the HR and operations managers acted foolishly by even having that conversation. If they have hired every temp provided in the past, then you can assert a discriminatory employment action based upon their actions regarding your military service. As a veteran I know the value of hiring the vet. As an employer, I also know the challenges and additional costs involved with scheduling around deployments and AT. Most employers see Reserve or Guard time as a second job that takes away from your primary employment. Some production facilities have difficulties covering additional absences. Maybe not hiring you now does not mean not hiring you later. It might be that they want to get your service training out of the way. Good luck.
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MAJ (Join to see)
PFC (Join to see) - That case is very cut and dry, you can fight and probably lose the USERRA process, or sell yourself to the HR/Ops managers regarding how the guard makes you a better employee, explain what you'd be doing and why that matters to them, gaining leadership roles, responsibility, initiative... be creative and optimistic in your sales pitch and likely you'll be promoted faster. But you need to be ready to jump ship and get a new job as well.
Good luck and thank you for your service.
Good luck and thank you for your service.
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