What regulations/ laws stipulate when a Reservist can be called into service?

2018-09-09T18:50:01-04:00

I am a Reservist whose unit is based in Germany. Because of this, some of the Soldiers in my unit work for German employers, rather than in American government jobs or for American companies (both of which are under USERRA), meaning that their employment is not under the authority of USERRA. Is it possible for them to be forced to go on orders even when doing so threatens their civilian employment? If so, what regulations and/ or laws allow this? If not, what regulations/ laws prohibit it?

Response by Lt Col Charlie Brown made Sep 9 at 2018 6:52 PM

2018-09-09T18:52:53-04:00

https://www.law.cornell.edu/uscode/text/10/12301

10 U.S. Code § 12301 - Reserve components generally

In subsection (a), the word “hereafter” is omitted as surplusage. The words “there are not enough *** who are” are substituted for the words “adequate numbers of *** are not”. The words “without the consent of the persons affected” and “under the jurisdiction of that Secretary” are inserted for clarity. The words “and the members thereof” are omitted as surplusage.

Response by LTC Private RallyPoint Member made Sep 9 at 2018 6:55 PM

2018-09-09T18:55:05-04:00

In my case in my case because I live in Canada, I belong to the Teamster's Union. They hired me knowing I was a soldier. Are you part of a union as well? How do soldiers who are reservists in the bundeswehr work out their issues with their employer? Is it possible that the local provincial government attorney general whatever its called in Germany can be there on your behalf working with the US Army? Hopefully, we can find out here.

Response by MAJ Javier Rivera made Sep 9 at 2018 9:16 PM

2018-09-09T21:16:53-04:00

If they receive orders they go. I hoe they were honest with their employers from the beginning.

Response by LTC Jason Mackay made Sep 9 at 2018 11:51 PM

2018-09-09T23:51:03-04:00

CPT Private RallyPoint Member my advice would be to seek out JAG assistance (perhaps the 7th MSC's CJA) and see if there is anything in the US SOFA or NATO SOFA. There are many nations in Europe with sizable reserve components. People work all over Europe. They work it out somehow. Germans are all about rules...

Response by SSgt GG-15 RET Jim Lint made Sep 10 at 2018 12:19 AM

2018-09-10T00:19:35-04:00

Did you not know you could get deploy? Did you think Uncle Sam was paying you each month to make you happy?

Response by SSG Brian G. made Sep 10 at 2018 1:22 AM

2018-09-10T01:22:07-04:00

To be blunt? The specific laws that mandate that a reservist civilian job is protected only applies to American companies and companies that operate on US soil and employ reservists. A reservist that works for a civilian, foreign based employer is not protected. That employer can refuse to hold their job and even fire them for a failure to work.

As far as the reservist goes and their call up to duty? That happens at the needs of the military and can be done at any time. Unless the service member has a valid reason to not go, then they MUST report or face UCMJ actions up to and including separation from the military.

Response by SFC Christopher Taggart made Sep 10 at 2018 9:29 AM

2018-09-10T09:29:26-04:00

Re: USERRA; it only works for those employers that wish "to play the game" and doesn't typically apply to foreign employers. Just my experience; I've returned from a mobilizations/deployments and worked for a month, then they let me go after that. According to HR, they filled their requirement.

Response by CAPT Kevin B. made Sep 10 at 2018 11:02 AM

2018-09-10T11:02:37-04:00

The governing text would be the NATO Status of Forces Agreement (SOFA). There's a Germany supplement but I didn't see anything that gets into the weeds you describe. I'd check with your local JAG to see if there is anything else.

http://www.pref.okinawa.jp/site/chijiko/kichitai/sofa/documents/germany02-2.pdf

germany02-2.pdf

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