Can an employee be fired for joining one of the armed forces reserve? | TigerDroppings.com
Posted by
Message
the only dirt mcgirt
Air Force Fan
baton rouge
Member since May 2011
924 posts

Can an employee be fired for joining one of the armed forces reserve?

Seeing as that employee would be unavailable to work during the eight weeks of basic training. I understand that USC 38 chapter 43 says some things about this, but I can't be bothered to read all that.


Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
9296 posts
Online

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

Can an employee be fired for joining one of the armed forces reserve?


No


Spirit of Dunson
Columbia Fan
Member since Mar 2007
21943 posts

re: Can an employee be fired for joining one of the armed forces reserve?
This is why I only hire cowards.


Replies (0)
Replies (0)
the only dirt mcgirt
Air Force Fan
baton rouge
Member since May 2011
924 posts

re: Can an employee be fired for joining one of the armed forces reserve?
So the employer would just have to suck it up and deal with the two month absence? What if the employee had several essential duties that couldn't be covered by other existing staff?


Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
9296 posts
Online

re: Can an employee be fired for joining one of the armed forces reserve?
quote:


So the employer would just have to suck it up and deal with the two month absence? What if the employee had several essential duties that couldn't be covered by other existing staff?


Then he would have to train them prior to leaving i'd imagine? Someone will have to be eventually anyways.


ThaKaptin
Alabama Fan
The Sultan of Swag
Member since Nov 2010
20260 posts

re: Can an employee be fired for joining one of the armed forces reserve?
I'm pretty sure that if you leave your job for 8 weeks, for any reason other than health related problems, you can be terminated, and even with health related problems, depending on the situation. There may be states that this isnt true but I know in Alabama, you can be fired for absolutely no reason at all. You are actually held MORE liable if you give a reason, so unless its performance related or something completely cut and dry, most places do not give official reasons for termination most of the time.


jmarto1
LSU Fan
Houma, LA
Member since Mar 2008
15694 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

So the employer would just have to suck it up and deal with the two month absence? What if the employee had several essential duties that couldn't be covered by other existing staff?


I've had to deal with this before. You have to give them off pretty much. Here's a true story: Was working this part time job and this girl was in the reserves. They gave her the time off and they come to find out she was AWOL. Her commanding officer gave her the option of serving a few weeks in a row. My friend asked the commanding officer why his business had to suffer when he gave her the necessary time off. All he could do was bite the bullet.


Replies (0)
Replies (0)
boom roasted
Member since Sep 2010
25000 posts

re: Can an employee be fired for joining one of the armed forces reserve?
LA is an "at will" employment state. Can be fired for anything.


Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
9296 posts
Online

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

I'm pretty sure that if you leave your job for 8 weeks, for any reason other than health related problems, you can be terminated, and even with health related problems,


You're wrong. There are laws strictly prohibiting termination for joining the reserve/guard.

Seriously this isn't a subject for the OT though. You are better off googling this. Which I did for you and this was the second link.

LINK



Casty McBoozer
LSU Fan
your mom's fat ass
Member since Sep 2005
35337 posts
Online

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

What if the employee had several essential duties that couldn't be covered by other existing staff?

Then the employer is stupid for placing so much importance on one employee.


Replies (0)
Replies (0)
ZZTIGERS
Miami (OH) Fan
Member since Dec 2007
11700 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

LA is an "at will" employment state. Can be fired for anything.


You're wrong. Very wrong. There are protected classes, plus federal law supercedes state law. Military orders are protected, for up to 5 years, I believe. Maybe 3?


jmarto1
LSU Fan
Houma, LA
Member since Mar 2008
15694 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

LA is an "at will" employment state. Can be fired for anything.


State law cannot supersede federal law.


Replies (0)
Replies (0)
Kafka
New Orleans Saints Fan
Remember landscaping the Alamo
Member since Jul 2007
78634 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

this isn't a subject for the OT

no that would be wrestling


Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
9296 posts
Online

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

no that would be wrestling


Also true.

I want to point out though I look forward to your posts Kafka, and this one was a disappointment.

Do better kafkaing.


ThaKaptin
Alabama Fan
The Sultan of Swag
Member since Nov 2010
20260 posts

re: Can an employee be fired for joining one of the armed forces reserve?
wow, that is just absurd. I'm all for ppl joining up and all, but as an employer of a small business where we dont have many employees, I find it ridiculous that I have to hold some guys job for him and hire and retrain someone for an 8 week stint, knowing that I am gonna let this guy go after 8 weeks.


TulaneTigerFan
Tulane Fan
Seattle
Member since Sep 2005
35856 posts

re: Can an employee be fired for joining one of the armed forces reserve?
Looks like he just got boom roasted


Geauxtiga
TBD Fan
No man's land
Member since Jan 2008
28791 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

You're wrong. There are laws strictly prohibiting termination for joining the reserve/guard.
For teachers too.


Replies (0)
Replies (0)
Kafka
New Orleans Saints Fan
Remember landscaping the Alamo
Member since Jul 2007
78634 posts

re: Can an employee be fired for joining one of the armed forces reserve?


Replies (0)
Replies (0)
boom roasted
Member since Sep 2010
25000 posts

re: Can an employee be fired for joining one of the armed forces reserve?
Interesting. Obviously not up to speed on labor laws. It is putting the employer in a bind though.


Replies (0)
Replies (0)
ZZTIGERS
Miami (OH) Fan
Member since Dec 2007
11700 posts

re: Can an employee be fired for joining one of the armed forces reserve?
quote:

wow, that is just absurd. I'm all for ppl joining up and all, but as an employer of a small business where we dont have many employees, I find it ridiculous that I have to hold some guys job for him and hire and retrain someone for an 8 week stint, knowing that I am gonna let this guy go after 8 weeks.

Most likely it'll be a lot longer than 8 weeks. That's just BMT. There's still technical school after that, then on the job training. 4-6 months is a better estimate.


Page 1 of 5

Back to top

Follow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram