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  • Getting fired from job

    I have been an employee for the same company for over thirteen years and have started researching joining the Guard. I went and spoke to the CEO of my company and he said that he would let me go because I am putting a hardship on the company. Is that possible? That kind of took the wind out of my sail.

  • #2
    Re: Getting fired from job

    No he cannot. It is against the law. Do you have it in writing that he will let you go?

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    • #3
      Re: Getting fired from job

      Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). If your employer doesn't know what that is, time to educate them. They can be prosecuted for discrimitating against you for military service.

      Don't let them tell you it doesn't apply either, because "USERRA applies to all public, private and government employers in the United States, large and small. USERRA applies to foreign employers doing business in the United States and American companies operating in foreign countries.." so it is a far reaching law.

      Also look up "Employer Support of the Guard and Reserve (ESGR)."

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      • #4
        Re: Getting fired from job

        Originally posted by tyl View Post
        I have been an employee for the same company for over thirteen years and have started researching joining the Guard. I went and spoke to the CEO of my company and he said that he would let me go because I am putting a hardship on the company. Is that possible? That kind of took the wind out of my sail.
        He can't stop you and if he does, I know a dozen lawyers who will jump at the chance to sue.....

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        • #5
          Re: Getting fired from job

          Originally posted by jmclaughlin1701 View Post
          He can't stop you and if he does, I know a dozen lawyers who will jump at the chance to sue.....
          Exactly. But then he might find ways to say you were incompetent and fire you or fire you for showing up late to work. Is this a Fortune 500 Company or a small-business? Its irrelevant based on law but just curious.

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          • #6
            Re: Getting fired from job

            Ditto Chief, I have seen that companies often "invent facts" in order to fire an employee 6 months later. Also, I'm betting a small company because what CEO meets with regular employees. That said, I'm pretty sure that nothing prevents him from firing you "before" you join.

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            • #7
              Re: Getting fired from job

              Originally posted by Bmac View Post
              Ditto Chief, I have seen that companies often "invent facts" in order to fire an employee 6 months later. Also, I'm betting a small company because what CEO meets with regular employees. That said, I'm pretty sure that nothing prevents him from firing you "before" you join.
              I was thinking the same off the back but then he wrote he has been in the Company for 13 years; so I do not know if this guy is some big-wig at the company. Or maybe the CEO is some Steve Jobs/Richard Branson type that has holistic policies and likes to engage with the little folk.

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              • #8
                Re: Getting fired from job

                Originally posted by tyl View Post
                I have been an employee for the same company for over thirteen years and have started researching joining the Guard. I went and spoke to the CEO of my company and he said that he would let me go because I am putting a hardship on the company. Is that possible? That kind of took the wind out of my sail.
                There are some missing pieces to this story. Have you already been fired by your boss just because you talked to him about joining the National Guard? Or did he just warn you not to join?

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                • #9
                  Re: Getting fired from job

                  I have not been fired yet, just went and told him my intentions and he said he could not let me do that and if I decided to join then he would have to let me go. I work for a small company, around 125 employees, and I am not in management, but my CEO said that the position I am in they cannot just get a fill in for me so he would let me go. I hate to try to chance it because it pays good and has good benefits.

                  Comment


                  • #10
                    Re: Getting fired from job

                    Originally posted by tyl View Post
                    I have not been fired yet, just went and told him my intentions and he said he could not let me do that and if I decided to join then he would have to let me go. I work for a small company, around 125 employees, and I am not in management, but my CEO said that the position I am in they cannot just get a fill in for me so he would let me go. I hate to try to chance it because it pays good and has good benefits.
                    There appears to be a gray area here. You may or may not be protected by federal law since you are technically not in the military.

                    If you are genuinely considering joining the guard. I would sit down with your CEO when possible and clear things up. tell him that joining the guard is merely a consideration/ dream of yours at this point and time. Explain that you didn't mean to cause any fuss in the workplace. Express to him your positive sentiments with the company. See where things goes from there.

                    Don't lie to him and don't honk him off. maintain your integrity as much you can

                    While this whole charade is going on I would continue talking with a recruiter and initiating the enlistment process. Once you've been sworn in and placed in the system I would register your place of employment with the guard AND THEN have another talk with your management.

                    this is merely a suggestion. Take it with a grain of salt.
                    Last edited by Jackal; April 9th, 2013, 09:38 PM.

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                    • #11
                      Re: Getting fired from job

                      You can swear in to the services on Thursday, and notify your employer on Friday.
                      And there isn't a damn thing they can do about it!

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                      • #12
                        Re: Getting fired from job

                        Originally posted by tyl View Post
                        I have not been fired yet, just went and told him my intentions and he said he could not let me do that and if I decided to join then he would have to let me go. I work for a small company, around 125 employees, and I am not in management, but my CEO said that the position I am in they cannot just get a fill in for me so he would let me go. I hate to try to chance it because it pays good and has good benefits.
                        The good news is your boss has played his hand--a rather weak hand.

                        The bad news, for your boss, is he--doesn't--have--a--leg-to-stand--on.

                        Seriously--If joining the National Guard is just a passing fancy, then don't waste your time. Think this through first before you make a final decision. However, if you're serious and this is a true desire, then enlist--Take the ASVAB, get a good score, go to MEPS, get processed, get sworn in.

                        If you've worked for this company for 13 years, then you've established your validity--he can't all of a sudden fire you because the wind changed direction. Furthermore, if he's shrewd enough to be the CEO of a 125 employee business, then he's shrewd enough to try to bluff an employee that doesn't know his rights.

                        Unfortunately for him you have us.

                        If it were me, I'd enlist and wait till' it's about a month before time to ship, then give him an ESGR card with a 1-800 number on the back. Tell em' good luck.

                        Hey, I did it.

                        STILL working. STILL a soldier.
                        Last edited by VICEROY06; April 9th, 2013, 09:58 PM.

                        Comment


                        • #13
                          Re: Getting fired from job

                          I work for a large company which employs a little over 11,000 people.

                          My relationship with my manager is rocky, we bump heads quite often. Usually over a topic of his choice and when I voice my opinion he threatens me with my job every chance he gets. I have worked at this company for 6 years now, he has only been there for 4 years.

                          I enlisted last month and notified him last week that I was leaving on May 6th. At which point he got a big smile and starts to wish me well in my endeavors. I abruptly cut him off and said "and I will be back around the end of November" as I handed him my military leave application. He looked at it and said "I don't know what this is" I responded with "I faxed a copy of it to HR already and they know exactly what that is, once I get my official orders I will fax them down as well". Long story short he cant do anything about it!

                          Follow your dreams and do whats best for you.........good luck!

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                          • #14
                            Re: Getting fired from job

                            Others have directed you to ESGR, and that's good advice.

                            I recommend to all readers that they nominate their employers for an ESGR Award. The base level Patriot Award is basically a gimmie, they'll send it to any employer you want. You may think it's lame and cheesy, but there are many stories out there of employers who have gone from grudging tolerators to enthusiastic supporters of the Guard simply from receiving this document in the mail. Everyone loves appreciation.

                            Obviously this won't help the OP right now, although in a few months when things settle down it might help smooth over some lingering animosities. For the rest of the readers, consider it a vaccination against this sort of employer trouble.

                            Comment


                            • #15
                              Re: Getting fired from job

                              My company has already won an award from ESGR. I had a coworker that was in the guard and when he was deployed in 2004 my company bought and shipped several supplies to the soliders in his unit. Several employees and the former CEO that is now retired went to big awards ceromony and got a nice plaque that hangs on the wall for everyone to see. Now the new CEO is doing this to me, I am just worried six months down the road he will fire me for some lame reason I guess.

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