Originally Posted by
Hueypilot
Ditto...my unit may be converting to a new airframe and I'm one of two guys in the entire wing that has any experience in the new aircraft.
USERRA and ESGR recognize we are dual employees. We serve both.
Ethics is expected from the employee. The Employer is expected to obey USERRA. There is a difference.
My suggestion: Help your unit out. You have a skill set necessary for the service of our country. Your employer doesn't like it and basically never will but accepts the reality of USERRA. You will likely serve your employer years beyond your ability to serve your respective service.
Personally, am amazed at how many employers are pushing what they 'request' from employees that is NOT required by USERRA. Employers may ask for orders under 30 days, many pilots comply which emboldens employers to ask for more 'relief' from USERRA.
You cannot be terminated or fired for not complying with company request that violate USERRA. At my employer, they ask for all sorts of non USERRA required items.
Talk to DOL VETS , it's OK if an employer asks, bit they cannot mandate or enforce. Example: Give orders before you depart on military service. NOT REQUIRED. As a matter of fact, never have to provide orders. We do have to provide written documentation of our military service if requested for duty over 30 days. A letter from your unit that states you were compliant with USERRA 4304 and 4312.