I am deploying in about 6 months and my civilian job is holding back a promotion until I come back. What should I do?

SPC Private RallyPoint Member — Mon, 29 Jul 2019 11:40:55 -0400

I was told they can’t move me up because Im deploying. My boss let me know that after the deployment, which is a year and a half from now, he’d give me the position. What should I do? I am being passed up by people I have trained.

Response by CPT Private RallyPoint Member made Jul 29 at 2019 11:43 AM

CPT Private RallyPoint Member — Mon, 29 Jul 2019 11:43:48 -0400

Recommend touching base with your local ESGR rep. They’re known for highlighting great employers who are supportive of their Guard and Reserve members. Sometimes a preemptive pat on the back helps to motivate managers to do the right thing. If not, ESGR should also know the right stick to wield.

Response by CSM William Everroad made Jul 29 at 2019 12:17 PM

CSM William Everroad — Mon, 29 Jul 2019 12:17:59 -0400

On the regulatory side, the Uniformed Services Employment and Reemployment Rights Act (USERRA) states:
[Service members] "shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation."
Violations can include:
"if the person's membership ... or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership ... or obligation for service"
I would follow CPT Forwood's advice and touch base with an ESGR rep. Without knowing the details of the promotion decision by the employer, I could not say that it is a violation of USERRA, but the ESGR would likely contact them for details.
My advice would be to also sit down with your boss and have a real conversation about USERRA so you are both on the same page. The worst outcome is to strain the relationship between you and your boss due to a misunderstanding.

Response by SFC Melvin Brandenburg made Jul 30 at 2019 12:21 AM

SFC Melvin Brandenburg — Tue, 30 Jul 2019 00:21:51 -0400

Contact the ombudsman for ESGR. USERRA may come into play.

Response by PO3 Adam Stoflet made Jul 30 at 2019 7:56 AM

PO3 Adam Stoflet — Tue, 30 Jul 2019 07:56:15 -0400

Well he isn’t out right denying you the promotion but delaying it. If it’s a supervisor position someone else is gonna have to step up /cover for you when you leave. The issue is they need that person to fill the job at that level now. It might not feel right but they have to protect their interests to. Do take the advice of the other people about checking in with that ESGR person, but from your own acount they are putting you down to get the promotion at a later date. Best advice I can actually give you that the others haven’t is get them to write it down that they are going to promote you when you return and make sure you get a copy of that for yourself.

Response by CWO2 Private RallyPoint Member made Jul 31 at 2019 3:36 PM

CWO2 Private RallyPoint Member — Wed, 31 Jul 2019 15:36:28 -0400

Pray the put it in writing and then ride that lawsuit into retirement.