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My rights under USERRA

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  • My rights under USERRA

    I was hired as a paid intern in September and was originally only supposed to work there for 90 days (since the place is unionized and I'm not part of that union). It's now been 5 months and I will have worked there 7 months by the time I leave for BCT/AIT. As long as I do all the things I'm supposed to do, would my employer be required to give me my job back? I was hired as a temporary employee, which USERRA doesn't always protect, but can a 7 month employee still be considered temporary?

  • #2
    It seems that you are still a "temporary" employee, so no. Unless they made you a permanent employee, they have no obligation to reemploy you when you come back. It might be better to talk to the HR, and find out what your status, and ask to be reemployed.

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    • #3
      Originally posted by speed_of_dark
      I was hired as a paid intern in September and was originally only supposed to work there for 90 days (since the place is unionized and I'm not part of that union). It's now been 5 months and I will have worked there 7 months by the time I leave for BCT/AIT. As long as I do all the things I'm supposed to do, would my employer be required to give me my job back? I was hired as a temporary employee, which USERRA doesn't always protect, but can a 7 month employee still be considered temporary?
      Who pays you or who hired you? the company or a temp agency?

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      • #4
        Originally posted by richierich
        It seems that you are still a "temporary" employee, so no. Unless they made you a permanent employee, they have no obligation to reemploy you when you come back. It might be better to talk to the HR, and find out what your status, and ask to be reemployed.
        Based on this article, temp employee can be covered under USERRA:
        "Some employers have concluded, on the basis of this provision, that USERRA does not protect temporary employees--a dangerous leap in two respects:

        * First, USERRA does protect temporary employees. The cited regulation is an exception only to the statute's reemployment requirement, not a general exclusion from USERRA coverage.

        * Second, the exception to the re-employment requirement does not apply to all temporary employees. As the DOL cautioned in the regulations' preamble, employers need to be careful not to equate "brief, non-recurrent" employment with "temporary" or "seasonal" employment. Some temporary and seasonal work may be brief but not "non-recurrent." In those circumstances, USERRA's re-employment provisions would protect the temporary or seasonal employee. (Note that comments in the lengthy preamble to the regulations are not legally binding, but they do provide insight into the DOL's likely enforcement positions.)"

        It's that second part I'm interested in.
        Last edited by speed_of_dark; February 22nd, 2009, 03:59 PM.

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        • #5
          Originally posted by WO1 Quinones
          Who pays you or who hired you? the company or a temp agency?
          The company hired me and pays me. Not a temp agency.

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          • #6
            Originally posted by speed_of_dark
            The company hired me and pays me. Not a temp agency.
            Then you need to talk to your human resources representative.

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            • #7
              Re: My rights under USERRA

              Speed of Dark,
              Did you ever get this situation resolved? I have some helpful information if you haven't. You may be entitled to some compensation on this issue if you haven't already sought it

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              • #8
                Re: My rights under USERRA

                It's been 3 years since he posted this. If you have some helpful information that can help others in a similar situation though I suggest you post it.

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