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  • Resigning from Job to Enlist

    Good day,

    I'm still waiting for a waiver to enlist. After speaking with my manager, I had asked to be put on military leave from my current job so I don't lose my benefits. He had spoken to me and said that I have to resign. Military leave only applies to those who get deployed and being that I am voluntary joining, I wouldn't be able to take the leave.

    He said that he'd have a supervisory job for me when I get back, but I dont want to lose my PTO. Been here for almost 5 years and I don't want to be back on the bottom of the ladder when I return.

    Thoughts on this?

  • #2
    Re: Resigning from Job to Enlist

    Originally posted by YANG View Post
    Good day,

    I'm still waiting for a waiver to enlist. After speaking with my manager, I had asked to be put on military leave from my current job so I don't lose my benefits. He had spoken to me and said that I have to resign. Military leave only applies to those who get deployed and being that I am voluntary joining, I wouldn't be able to take the leave.

    He said that he'd have a supervisory job for me when I get back, but I dont want to lose my PTO. Been here for almost 5 years and I don't want to be back on the bottom of the ladder when I return.

    Thoughts on this?
    As an HR Major and an Officer, I can tell you this joker is in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). He cannot force or coerce you to resign, nor can he influence you to not join. PERIOD. Look into the law, and let him know your dates, but DO NOT quit or put in a resignation. If he fires you or your job isn't there when you get back, it needs to be clear on paper that you did not initiate the separation.

    Comment


    • #3
      Re: Resigning from Job to Enlist

      DO NOT resign or voluntarily quit! You are protected under USERRA, as Lance13A put it.

      You will be put on military leave once you get your BCT/AIT date (whether it's paid or not is up to your company). Your manager is treading on some very slippery ice, indeed.

      I wouldn't be surprised if this jackhole ends up firing the OP before he enlists. Times like this, I wish I was a lawyer.... I'd be banking!

      Comment


      • #4
        Re: Resigning from Job to Enlist

        Yeah what they told you is totally in the gray area.

        Do not quit.

        Study up on your rights.

        http://www.dol.gov/compliance/laws/comp-userra.htm

        http://www.esgr.mil/

        I suggest calling the folks at esgr before you do anything.... 1-800-336-4590
        Last edited by Chaplain4me; March 7th, 2013, 12:14 PM.

        Comment


        • #5
          Re: Resigning from Job to Enlist

          Originally posted by YANG View Post
          Good day,

          I'm still waiting for a waiver to enlist. After speaking with my manager, I had asked to be put on military leave from my current job so I don't lose my benefits. He had spoken to me and said that I have to resign. Military leave only applies to those who get deployed and being that I am voluntary joining, I wouldn't be able to take the leave.

          He said that he'd have a supervisory job for me when I get back, but I dont want to lose my PTO. Been here for almost 5 years and I don't want to be back on the bottom of the ladder when I return.

          Thoughts on this?
          My thoughts:

          Your boss either (A) lied to you in hopes that you would accept the smoke he just blew up your rear or (B) doesn't know anything about ESGR

          You can go on military leave for BOTH training and/or deployment whether stateside or overseas.

          But what I wouldn't have done was told him I was enlisting beforehand. At least if you had told him after you had enlisted and flashed your ESGR card he would have to just suck it up, grin and bear it or get sued out the yingyang. No pun intended.

          Comment


          • #6
            Re: Resigning from Job to Enlist

            I am pretty tight with my manager. I wanted to give him a heads up so he'll have someone to run my people while I was gone.

            The thing is, or at least what I was thinking, is that when he submited my company's military leave form, HR must've denied it. Thats why he came back to me and said that I'd have to resign.

            I emailed our HR contact for more clarification so I'll have something on paper.

            Recruiter suggested I contact JAG but I'll wait to see his response.

            Probably a good thing to wait to make sure I get my waiver and able to enlist first.

            Comment


            • #7
              Re: Resigning from Job to Enlist

              Originally posted by YANG View Post
              The thing is, or at least what I was thinking, is that when he submited my company's military leave form, HR must've denied it. Thats why he came back to me and said that I'd have to resign.
              That's either wrong or your HR department doesn't have a clue. If that's the case, I have a resume you can give them. I'll get this worked out for them.

              Comment


              • #8
                Re: Resigning from Job to Enlist

                LOL!

                Good Morning,



                I will be enlisting in the Army National Guard. Can I take Military Leave?
                Response from HR:

                Yes and no- You would have to resign from the company and would be treated like you never left when you return from Boot Camp and AIT training. This would not really be military leave as you are enlisting rather than being called-up for duty- in other words you will be protected, just classified as “Eligible for Rehire”.
                Sounds sketchy.

                Comment


                • #9
                  Re: Resigning from Job to Enlist

                  I got fired from a pretty good job when I joined the Guard in 2008......I know how it goes.

                  I remember the conversation well. Chaplain4me: "I enlisted in the Guard will will be going to FT Benning for 13 weeks of training in September." Boss: "We can't have that happen."

                  Two weeks later done.

                  Call the ESGR people they know how to handle a situation like this.

                  Comment


                  • #10
                    Re: Resigning from Job to Enlist

                    Originally posted by YANG View Post
                    LOL!


                    Response from HR:


                    Sounds sketchy.
                    Wrong. Very wrong. You resign and you are done. Request leave under USERRA. In fact, Reference THIS LINK and specifically Section 4311

                    4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

                    (a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform (that's you), or has an obligation to perform service in a uniformed service 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.

                    (b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.

                    (c) An employer shall be considered to have engaged in actions prohibited-

                    (1) under subsection (a), if the person's membership, application for membership, service, application for service, 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, application for membership, service, application for service, or obligation for service; or

                    (2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, 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 person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.

                    (d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C) of this title.

                    Comment


                    • #11
                      Re: Resigning from Job to Enlist

                      Isn't USERRA suppose to be posted (like on a board) by every employer by law?

                      Comment


                      • #12
                        Re: Resigning from Job to Enlist

                        Good question. I have not seen it at my job anywhere and we're federal.

                        Comment


                        • #13
                          Re: Resigning from Job to Enlist

                          Originally posted by SteveLord View Post
                          Isn't USERRA suppose to be posted (like on a board) by every employer by law?
                          Roger. Every employer should post OSHA, EEOC, USERRA, Minimum Wage, Polygraph Protection, and FMLA posters in a "conspicuous" location.

                          EDIT: I believe there may be a minimum employee exemption for this, i.e. if the employer has less than 10 employees, the employer is not required, but I'd have to dig into the books for that.

                          Comment


                          • #14
                            Re: Resigning from Job to Enlist

                            Mystery solved!!

                            Straight from the Dept of Labor's website....

                            "Employers are required to provide to persons entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits and obligations of such persons and such employers under USERRA. Employers may provide the notice, “Your Rights Under USERRA”, by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail). "

                            Comment


                            • #15
                              Re: Resigning from Job to Enlist

                              Originally posted by YANG View Post
                              I am pretty tight with my manager.
                              Your manager just proved to you that he wasn't as tight with you as you thought. It's okay, everybody makes mistakes.

                              Never, never, never, never, never put your complete trust in a boss. Bottom line is when push comes to shove, you're going to be the one that gets shoved.

                              My HR tried the same trick on me. The ole' your position will be filled while you're gone and you'll be relocated when you return trick. Not only was I not relocated when I returned, I got the exact same position I had when I left.

                              Yeah--at this point you're going to have to step on your HR's toes and your boss's toes. But just for safe measure I wouldn't bring up the subject again with anyone at your company. Contact ESGR and tell them what's going on so they'll be aware of your situation. Enlist, then go from there. At the very least ask to push your ship date for BCT as far back as you can.

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