USERRA Attorney in Houston
03-25-2017, 04:52 AM
#11
Permanent Reserve
Joined APC: Aug 2007
Posts: 1,677
Originally Posted by BMEP100
After having some time to mull all this over, he sent an email to his boss,with cc to HR, citing USERRA and asking that his disciplinary letter be withdrawn.
His boss met with him and told him the discipline was not because he went on mil leave, but because he did not find someone in his group to take over his project, while he was gone! He was supposed to delegate his work to someone else during his absence. He was told they are going to implement a policy for a new procedure that would require everyone to keep all other team members apprised of where they are on a project before leaving each day, in case, God forbid something would happen to them and could not return the next day to continue the project. Yeah ,he's looking but the oil field is tough.
Like I said, he is the only mil guy in the department or the whole office in his city. He thinks ,and I agree they are setting him up.
Requiring a reservist to find a co worker to cover his tasks while out on mil duty would tend to discourage participation in mil duty. Wonder what his management would say if everyone he asked to cover said they were too busy.??
He's trying to decide now what to do next.
His boss met with him and told him the discipline was not because he went on mil leave, but because he did not find someone in his group to take over his project, while he was gone! He was supposed to delegate his work to someone else during his absence. He was told they are going to implement a policy for a new procedure that would require everyone to keep all other team members apprised of where they are on a project before leaving each day, in case, God forbid something would happen to them and could not return the next day to continue the project. Yeah ,he's looking but the oil field is tough.
Like I said, he is the only mil guy in the department or the whole office in his city. He thinks ,and I agree they are setting him up.
Requiring a reservist to find a co worker to cover his tasks while out on mil duty would tend to discourage participation in mil duty. Wonder what his management would say if everyone he asked to cover said they were too busy.??
He's trying to decide now what to do next.
It is the company's responsibility to do this, not the employee.
Time for a Labor Department complaint, In my opinion.
04-13-2017, 05:20 PM
#12
Banned
Thread Starter
Joined APC: May 2014
Position: Tom’s Whipping boy.
Posts: 1,182
He was fired last week.
It supposedly is part of a restructuring plan. There were a couple other employees let go. None were reservists, (he is the only one on the property), no others from his department. In fact they are soliciting for new hires in his job.
They have offered him a severance, that includes an agreement to not file any suits, complaints or other negative comments.
He had not filed a DOL complaint, and now is conflicted. He needs the severance and really does not want to go back there.
Told him to contact the ombudsman he talked to previously to get in touch with USERRA attorney to find out if he is protected against this kind of blackmail.
It supposedly is part of a restructuring plan. There were a couple other employees let go. None were reservists, (he is the only one on the property), no others from his department. In fact they are soliciting for new hires in his job.
They have offered him a severance, that includes an agreement to not file any suits, complaints or other negative comments.
He had not filed a DOL complaint, and now is conflicted. He needs the severance and really does not want to go back there.
Told him to contact the ombudsman he talked to previously to get in touch with USERRA attorney to find out if he is protected against this kind of blackmail.
04-14-2017, 07:37 AM
#13
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,186
Might want to look into whether DOL or USERRA complaints are public records (hopefully not).
Having a searchable public record which indicates a history of filing complaints or lawsuits against past employers may not enhance your odds for future jobs.
USERRA is far from perfect, use it if you can but keep in mind your best long-term interests too.
Having a searchable public record which indicates a history of filing complaints or lawsuits against past employers may not enhance your odds for future jobs.
USERRA is far from perfect, use it if you can but keep in mind your best long-term interests too.
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