USERRA protects you from discrimination because of your reservist service. 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.
Can a job fire you for going to basic training?
Employers are required by law to give you time off for military duty but you should give them as much notice as possible. ... Of course military Orders need to be presented to the Employer to be able to approve the time away from your company.
Can my employer fire me for joining the military?
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. This applies to active and reserve service, whether voluntary or involuntary.
How long must an employer hold a job for someone in the military?
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).
Should I tell my employer Im joining the military?
You have no obligation to say anything to your employer until the first time that you will need to be away from work (for a short period or a long period) because of uniformed service.
Should I quit my job before basic training?
You do not have to quit your job . ... 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.
Do you get time off in basic training?
During your training, you will earn paid time off at the rate of 2.5 days a month . You can use your earned time to take leave prior to reporting to your first duty station. This has to be approved, and the most common length is 10 days. The Army also has a program called Hometown Recruiter Assistance Program (HRAP).
Can military leave be denied?
Military leave can be requested at any time but it's up to your chain of command to approve or deny such leave . Some leave is not associated with rest and recreation, morale, or vacations–and as such your chain of command may approve it immediately depending on circumstances.
Can you terminate an employee on military leave?
Employers cannot fire an employee because of military leave . Because of the nature of active military duties, advance notice is not required, unlike civilian leave laws like FMLA or CFRA; however, the DoD highly recommends an advance notice of 30 days when it's possible.
Does my job have to pay me for military leave?
Under the federal law, USERRA, civilian employers are not obligated to pay for the time taken off for military leave of absence . ... In addition, California expanded on this federal law and gives employees on military leave up to 30 days of paid time off.
Does the military contact employers?
Not only does the background check subject go through a personal interview, but the government also conducts interviews with the subject's spouse, friends, neighbors , educators, employers, and professional references.
Can I get fired for going to MEPS?
This means that your boss can fire you (a non-member of the military) for just about any reason (or no reason) with the exception of being a member of a protected class (e.g. because of your race, religion, sex, etc).
Is basic training covered under USERRA?
Do USERRA regulations cover absences for military reserve duty, voluntary service and training? Yes. Reserve duty and training in any of the five military branches are covered under the Uniformed Services and Reemployment Rights Act of 1994 (USERRA).
Can the military kick you out for having too much money?
There's nothing in an enlistment contract that says you have to leave the military if you come into a large sum of money, but there is a clause that allows for service members to request a discharge under “unique circumstances.”
Can you leave the military after 4 years?
You aren't pot- committed after four years. Get out of the military and pursue another career, go to college (for free), and ensure you are happy in life. The military isn't for everyone, so don't try and force it. This is why it is important to get your finances in check during your first enlistment.
What happens if you don't show up for basic training?
In theory, if an applicant fails to show up to ship out to basic training, the military could order the individual to active duty . And if the individual refused, the military could legally court-martial the individual. In reality, this never happens.
