Originally Posted by Spike from flyi

When I was at an ALPA carrier, I was offered an AGR Tour with NGB. I asked the question of ALPA if I had USERRA protection, since the orders stated, "You are ordered to active duty with the permission of your governor and your permission." The ALPA Legal opinion was, "No."

I stopped by JAG on my way home from Drill one day, and asked for their opinion. The civilian JAG attorney (retired O6) told me that, in no uncertain terms, orders are orders. He told me that I have full protection.

There is no reason why this would not be covered. If you were never in the service, and one day signed up on a whim, you would have the same protections with your employer. I recommend that you make an appointment to speak with JAG. Getting legal advice from a bunch of pilots may be dangerous.

Additionally, keep in mind that the five year protection is automatically extended by any Presidential Call-Up named operation (i.e., Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, etc.). There is no time limit on these.

I spoke with JAG during my last stint on AD. The attorney explained that the intent of the law is to make you whole, and treat you as if you had never left.

If you run into any push-back from your employer, please PM me. There is nothing I love more than making these bastards pay for their abuse of veterans.

Originally Posted by rickair7777

Your guard organization did not do you any favors by inserting language that the orders were voluntary because that muddies the water and could lead an employer to think wrongly.

Originally Posted by Spike from flyi

Since you've never been in the Guard, it's not surprising that you think this; however, the unique status of the Guard requires this language. It's standard boiler plate. BTW, my "Guard organization" was the National Guard Bureau.

Originally Posted by rickair7777

There is a long list of exclusions from the five year limit, but not quite all orders qualify. Your guard organization did not do you any favors by inserting language that the orders were voluntary because that muddies the water and could lead an employer to think wrongly.

AGR under voluntary state orders might well count against the five years, unless there's some sort of OCO involved.

The navy does it better...they will solicit volunteers, but you are not volunteering for orders, you are volunteering to be INVOLUNTARILY mobilized. Most orders (there are a few niche exceptions which have nothing to do with OCO or readiness) are written as involuntary. This is good for the Navy, they get volunteers who would otherwise be afraid to pizz off their employers and/or spouses.

Originally Posted by ugleeual

^^^THIS^^^ I'm pretty sure that around the 2003/4 timeframe they started adding a canned line on all orders specific to the NAMED Operations and the USERRA law 5 year period ... take a look.