Can I waive or complete WOBC online? What advice would you give someone who wants to remain at their location as a contract employee?

2023-01-30T07:14:34-05:00

Reserve W01 slotted for WOBC training. US DoD Contractor GDIT says they guarantee a position when coming back from WOBC but not location. I work in Italy for a US Army base and have been told that as soon as you leave your position you will be back filled and if there is a position when you come back will place you there. Since there are only 10 total positions on the contract, will have to relocate the whole family after WOBC and be moved wherever they offer me a job. JAG has gotten involved but still waiting on a resolution. I think under regulation GDIT may be in the right but does not make it right to relocate the whole family after the reserve WOBC training. GDIT has asked if I could do the training online or get parts of it waived so I will not be gone so long. I told them about the three phases of 255A WOBC but even 7 weeks was to long and my position would be back filled and would have to relocate the whole family. Any body have advice, can I somehow do WOBC through online training or some form of waiver process with CISSP, CCNA, Windows Server MCSA, certifications like 25B MOS has for waiver. Trying to look at all options, please ask questions if needed to understand the whole issue.

Response by CSM Darieus ZaGara made Jan 30 at 2023 7:42 AM

2023-01-30T07:42:34-05:00

I am not an expert but had several employees who were in the Guard and Reserves who had both drill and training requirements. I was required to find them a position but not guarantee a specific location either. You need to read the Company’s policy along with your HR comments and there interpretation. Sadly, it is likely that they are doing what is required by statute.

An option I used for one such case requiring a replacement is that we used the filled position as an apprenticeship for training Tina follow on assignment, allowing the original employee to move back into the position while the replacement moved on to the next assignment Obviously it must be supported by like requirments between the positions and have to be supported by the Company.

Response by COL Randall C. made Jan 30 at 2023 8:46 AM

2023-01-30T08:46:31-05:00

WO1 Private RallyPoint Member - Short answer: MAYBE you have a claim under USERRA

What you're discussing comes down to three things. Company policy, state law and federal law. I'm not giving legal advice (consult the proper legal representative for that), but as far as I know, regarding state and federal law, the only thing that could impact the scenario is USERRA.

That means it would be company policy and USERRA.

While CSM Darieus ZaGara didn't mention USERRA specifically, those are the actions that GDIT HR would go though regarding you. USERRA guarantees that they'll take you back (normally .. there are certain exceptions .. consult the guide if you're not familiar), there is nothing specifically spelled out regarding putting you back in the same location.

What USERRA says about reemployment positions (Title 38, section 4313) is that the employer is required "in the case of a person whose period of service in the uniformed services was for less than 91 days" to place you "in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, the duties of which the person is qualified to perform".

Again, it could be interpreted multiple ways - Nothing I could find in either USERRA cases brought or in the FAQ specifically address 'relocation'. If you were gone more than three months, it's pretty clear that they aren't forced to 'keep the job you were doing' open.

However, the language for being gone 91 days or more is "In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay".

That language reads that if 90 days or less then it's the same job you left. If 91 days ore more, then the same job or something like it.

As CSM Darieus ZaGara said, check out the military leave policy in the company. Also compare it to other policies regarding a moderate absence (family leave, etc) to see if it is consistent.

Now, I wouldn't advise you to try and use USERRA as a club, ESPECIALLY since it's my interpretation and non-legal advice. I WOULD suggest that you talk with your HR folks and draw their attention to the specific section for a discussion.

Additionally, you can contact a ESGR advocate* and discuss with them to get a better read on the applicability. ESGR advocates work with many of the large companies on crafting military leave policies, etc. and maintain MANY contacts with the employers and might be able to accommodate with a simple phone call on your behalf.
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* US DOL Guide to USERRA - https://www.dol.gov/agencies/vets/programs/userra/USERRA-Pocket-Guide
* ESGR USERRA Inquiry - https://esgr.mil/USERRA/USERRA-Contact/USERRA-Information-Request/t/0

USERRA | U.S. Department of Labor

Response by LTC Private RallyPoint Member made Jan 30 at 2023 10:26 AM

2023-01-30T10:26:58-05:00

Talk to your unit USERRA REP or get the links to take the online training. They cover this, but it's not cut and dry.

Response by SGM Private RallyPoint Member made Jan 30 at 2023 11:50 AM

2023-01-30T11:50:53-05:00

First, there are no waivers or DL options for your WOBC.
The waivers stop at giving someone credit for certs and work experience in lieu of experience in the feeder MOS.
You are going to need to look at all options, to include the options of foregoing a warrant position, or even remainng TPU.
Your employer is responsible for keeping those ten contracted positions filled.
USERRA only requires them to put you back in any equivalent job, not the same one.

You will need to decide if keeping your current job in Italy is more important to you and your family than your current TPU career.
One thing to keep in mind, it's your civilian career that pays the bills and will pay the majority of bills in retirement.

Looks like you should also have a 20 year letter by now, so some of the hard options you need to consider, if keeping your current job is your highest priority:

-take your reserve retirement

-decline your warrant appt and revert back to your previous grade and last TPU position, or a new one.

-go IRR, come back to the reserves when your civ employment is more flexible.

These last two would require you to board again and repeat WOCS if you intend to go warrant, your appt and WOCS has a two year time limit to complete WOBC.

Response by CW2 Private RallyPoint Member made May 27 at 2023 11:55 PM

2023-05-27T23:55:59-04:00

WO1 Private RallyPoint Member ,

I don't have the familiarity with USERRA. Regarding WOBC, there is no online option and none of the class curriculum can be waived. You have two years from appointment to complete WOBC but you could probably push that a bit. I'd separate the 3 phrases as much as much as possible. But your concern here is likely moot. There are a lot of deployments and not a lot of 255A available. Within 6 months of graduating WOBC I was pegged for one year long deployment to Kuwait and another classmate was slotted for Poland. I'd say realistically plan on a lengthy deployment within 12 to 18 months after graduation.

My advice is to stretch out your phases and use that time to make long term plans.