Military Service Guidelines
#11
Any employer can "Request", "prefer" all sorts of non USERRA required or enforceable methods and procedural language since it is not required or mandated by the employer.
Unfortunately, many military service member employees don't distinguish their USERRA rights and readily comply with numerous non USERRA company requests and preferences (procedures) eroding USERRA protections. Once the employee comply s with these compnay preferred methods, the employer can fairly state it was provided voluntarily. This emboldens the employer to demand more non USERRA compliant requests. Examples that are common is documentation for military service under 30 days.
Unfortunately some in DOD (USAF Generals and Nav Admirals) even suggest military service members ignore USERRA protections and comply with the employer "requests" for non USERRA required documentation.
USERRA DOL VETS office will assume you understand your USERRA rights. It is not the employers responsibility to ensure you understand these rights. Employees do not have to comply with non USERRA requests and preferences from an employer. (Easy example is documentation less than 30 days military duty). Often "requested" and many comply.
Know your USERRA protections. Companies are actively seeking in Wash DC to reduce USERRA protections for their all volunteer employees serving our nation for their benefit.
Opinion: 99% of military employees lean forward and are simply trying to balance civilian job responsibilities, family duties and military obligations while involved in an ongoing undeclared war lasting for entire careers for younger folks. DOD budgets and logistical and training problems, family challenges and lack of company pilots make military folks easy targets by fellow employees and employers as gaming the system. Have unpeeled and explained the circumstances to many fellow pilots who believed a pilot was gaming the system. After an explanation they often go "I had no idea"
The reality was trying to balance three equally demanding roles as best as one could accomplish. Generally all three believe they should be first most of the time. Only one can be first, the other two get subordinated.
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