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Legal Loophole Allows Reservists to be Fired if Deployed.

Posted on 6/30/16 at 11:15 am
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 6/30/16 at 11:15 am
Glad that we have a country so supportive of the military.

LINK

quote:

Ziober believes he was fired because of his military service and the inconvenience it caused his employer. If so, that would be a violation of federal law. The Uniformed Services Employment and Reemployment Rights Act, known as USERRA, exists to protect military reservists against such discrimination.


quote:

Traditionally, someone in his position would consider suing his employer and letting a judge or a jury decide whether the dismissal was fair. But Ziober may never get that chance because his employer asked him — Ziober says he was “forced” — to sign a fine-print legal document surrendering the right to sue and agreeing to resolve disputes outside of court.


More stuff in the article but I'm at work. Trying not to get fired myself.

Eta: Lawmakers are already proposing a bill to combat this type of thing from happening.

LINK
This post was edited on 6/30/16 at 11:19 am
Posted by JamalSanders
On a boat
Member since Jul 2015
12135 posts
Posted on 6/30/16 at 11:19 am to
Sounds like he didn't read what he was signing.

On a somewhat related note, because employers cannot fire reservist when they get deployed it has put reservists at a disadvantage in getting hired in the first place.
Posted by taylork37
Member since Mar 2010
15320 posts
Posted on 6/30/16 at 11:20 am to
quote:

Ziober says he was “forced” — to sign a fine-print legal document surrendering the right to sue and agreeing to resolve disputes outside of court.


Shitty if he was truly forced, but I would like to know how it was forced upon him.
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 6/30/16 at 11:25 am to
quote:

but I would like to know how it was forced upon him


i would like to know that as well.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 6/30/16 at 11:29 am to
Well, I'm guessing it was either sign it or not have a job.
Posted by elposter
Member since Dec 2010
24863 posts
Posted on 6/30/16 at 11:29 am to
quote:

Legal Loophole Allows Reservists to be Fired if Deployed.


What a terrible title to this thread. The legal "loophole" has nothing to do with "allowing reservists to be fired if deployed." The employee still has every right to pursue that legal claim against his employer. He will just do it in front of a neutral arbitrator who will apply the facts to the law rather than in front of a judge or jury who would apply the facts to the law. Will likely be a quicker resolution for both parties too rather than attorneys racking up huge bills while the case drags through the court system.

He still has every right to bring whatever legal claims he has against his employer.

He wasn't forced to sign the agreement anymore than he was forced to work for that employer.
This post was edited on 6/30/16 at 11:31 am
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 6/30/16 at 11:31 am to
Play stupid games when stupid prizes.
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 6/30/16 at 11:41 am to
quote:

Play stupid games when stupid prizes.


Kinda like HS/HR?
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 6/30/16 at 11:46 am to
You shut your fricking mouth!!!
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 6/30/16 at 12:05 pm to
quote:

LucasP


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