Can My Employer Fire Me For Joining The Military?

by | Last updated on January 24, 2024

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Can my employer fire me for joining the military? Basic protections under the law include: Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military.

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Do you have to tell your employer you were in the military?

While answering the question is

not necessarily required

and can be left blank, not disclosing any affiliation could potentially result in legal employment termination if the military affiliation conflicts with employment requirements.

Can you get fired for military leave?

Prevent firing without cause – In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation.

Employers cannot fire an employee because of military leave

.

Is it illegal to not hire someone because they are in the military?

A person who is in any manner connected to the armed forces 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.

Can a job fire you for going to bootcamp?

You don't have to quit your current job. You will, however, be required to attend 13 – 30 weeks of initial entry training.

Your employer cannot fire you after your probation period for joining the National Guard

. You are protected under law.

Can my job fire me for going to MEPS?

Prohibition Against Discrimination & Retaliation


USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services

. This applies to all aspects of employment, including, hiring, promotions, benefits, work duties, firing, and more.

Can a company fire you for joining the reserves?

Protection from Hiring Discrimination

This includes your initial employment; an employer can't refuse to hire you because you're in the reserves, and

he can't fire you if you join the reserves after you're hired

. Employers also can't deny you a promotion or any employment benefit because of your service.

Can an employer ask about military service?

To obtain information about an applicant's , an employer is permitted to make inquiries on the dates of military service, duties performed, rank during service at the time of discharge, pay during service and at the time of discharge, training received, and work experience.

Can I work my civilian job while on military orders?

In general

it is safest to keep your civilian job completely separate from your military service

. Some troops serve on active duty in the National Guard but are stationed close enough to their home address that they can effectively work their civilian job at the same time.

How long do you have to hold a job for someone on military leave?

The employee must be released from service under honorable conditions. The employee must not exceed

five years

of military leave with any employer (some exceptions apply). Annual training and monthly drills do not count against the cumulative total.

Can you be fired for being deployed?

A specific federal anti-discrimination law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) , is meant to protect veterans, National Guard, and reserve members from losing their civilian jobs because of military service.

Is military allowed to discriminate?

Genetic discrimination is banned in most American workplaces, but

the military is allowed to discriminate based on congenital or hereditary conditions

.

Can I keep my job if I go to basic training?

By law the company you work for has to give you time off for military service and keep you on the books as an employee. So if you are going to Drill once a month as long as they know your schedule they can cover it.

You would keep your full time status and no you will not have to quit your job.

What percentage of people fail Army basic training?

​Yes, it is possible to fail basic training. You could go through the trouble of leaving your home, job, family and friends and come back a failure. In fact, this happens to about

15%

of recruits who join the military every year.

Do I have to swear in at MEPS?

At MEPS, you will take the ASVAB, choose your MOS and take a physical.

If you pass the ASVAB and physical, you will be able to swear into the military on that same day

. When going to MEPS, it should take a couple of days to get through all the paperwork.

Is MEPS excused by work?

If you notify your civilian employer,

you have the right, under federal law, to a day or two off from work to get to the MEPS, take the examinations, and return to your home and then back to work

. You can have the right to return to your job even if you were found unfit for military service.

What is it called when you get fired from the military?

Those who are not fit may be faced with involuntary separation from their branch through a process called

administrative separation

. In civilian terms, your commander is, in effect, trying to fire you, which has the effect of ending your military career.

Are you allowed to talk about MEPS?


Talking with your recruiter in private does not disqualify you from the service

— lying does. Remember, there are waivers for many things. Bring all medical documentation with you to MEPS.

Can I join the Army reserves and keep my job?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that gives members and former members of the U.S. armed forces (Active and Reserve) the right to go back to a civilian job held before being called up for Active duty.

Do employers have to pay for Army Reserve?

As a private, nongovernmental employer,

you do not have to pay reservists during the period they are on active duty

. While some employers have a policy that pays reservists the difference between their regular salary and their military pay, you are under no obligation to do so.

Is being in the military considered a job?


Military Service is Considered Employment

.

Does military service show up on a background check?


It will not show on a background check through a policy agency

. It will show up if you seek employment where you are asked about military service, or a job where you give access to your military record.

Does military look good on a resume?


Your military experience is an asset and you should demonstrate on your resume what you have acquired through it

. Many employers realize the value of bringing veterans on board. Personal attributes you obtain through the military include dedication, leadership, teamwork, positive work ethic and transferrable skills.

Can you have a side job in the military?

Frequently Asked Questions. Can you have a side job in the military?

Yes, military members are allowed to have a side job

; however, you might need to receive the proper authorization from your chain of command first. Since the mission comes first, other jobs that interfere with that won't be allowed.

Can you moonlight in the military?


In order to moonlight you have to get permission from your command

. It is a privilege, not a right, and you can lose this privilege if you fail a PFA, don't stay up-to-date on your training/readiness requirements, or don't produce academically when required.

Can you call out of work in the military?


Yes you can go to sick call

, or your supervisor or commander can give you the day off.

Is military leave a right or a privilege?


Leave is a RIGHT (not a privilege)

that is granted by Congress under Federal Law. While leave is a RIGHT, that doesn't necessarily mean you can take it whenever you wish. As with all things, “military necessity” determines when you can take your leave.

What happens if you refuse to do your job in the military?

The penalties for violating or failing to obey a lawful general order or regulation include:

Dishonorable discharge; Forfeiture of pay and allowances; and/or

.

No more than 2 years of confinement

.

What percentage of the US military is white?

Is military status considered a protected class?

Protected classes are designated groups of people and their families that are covered under fair housing law.

The military status protected class covers veterans, those individuals on active duty, and those persons enrolled in the Reserves

. 2. Are there other protected classes under fair housing laws?

Does USERRA cover enlistment?


Yes, under certain conditions

. (a) Membership in the Reserve Officers Training Corps (ROTC) or the Junior ROTC is not “service in the uniformed services.” However, some Reserve and National Guard enlisted members use a college ROTC program as a means of qualifying for commissioned officer status.

What's the least amount of time you can spend in the military?

Can you go home after basic training?

Do Soldiers come home after basic training?

Soldiers are not often given time to go home after basic training

. Check-in for AIT School is most often the day after graduation, if not the same day.

How soon after basic training do you get deployed?

Many Marine Corps deployments happen on Navy ships, or service members may fly to their deployment location. The majority of Marine Corps deployments include approximately one year of training followed by

six to seven months

of actual deployment time.

Can drill sergeants hit you?

Except this is the new Army, an army that no longer allows drill sergeants to be cussing, ranting, abusive beasts.

They cannot slap, hit, kick, punch or call privates names anymore

.

Which boot camp is the hardest?

Largely considered the toughest basic training program of the United States Armed Forces,

Marine training

is 12 weeks of physical, mental, and moral transformation.

Carlos Perez
Author
Carlos Perez
Carlos Perez is an education expert and teacher with over 20 years of experience working with youth. He holds a degree in education and has taught in both public and private schools, as well as in community-based organizations. Carlos is passionate about empowering young people and helping them reach their full potential through education and mentorship.