Can an employee be fired for joining one of the armed forces reserve? | TigerDroppings.com

Posted byMessage
the only dirt mcgirt
Air Force Fan
baton rouge
Member since May 2011
916 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.






Back to top
Share:
Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
7491 posts

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






Back to top
Spirit of Dunson
Columbia Fan
Member since Mar 2007
21574 posts

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


This is why I only hire cowards.





Back to top
  Replies (0)
the only dirt mcgirt
Air Force Fan
baton rouge
Member since May 2011
916 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?





Back to top
Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
7491 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?


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






Back to top
ThaKaptin
Alabama Fan
The Sultan of Swag
Member since Nov 2010
20086 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.





Back to top
jmarto1
LSU Fan
Houma, LA
Member since Mar 2008
13825 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.






Back to top
  Replies (0)
boom roasted
Member since Sep 2010
14027 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.





Back to top
Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
7491 posts

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







Back to top
Casty McBoozer
LSU Fan
your mom's fat ass
Member since Sep 2005
34758 posts

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.






Back to top
  Replies (0)
ZZTIGERS
Miami (OH) Fan
Member since Dec 2007
11242 posts
 Online 

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?






Back to top
jmarto1
LSU Fan
Houma, LA
Member since Mar 2008
13825 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.






Back to top
  Replies (0)
Kafka
New Orleans Saints Fan
Remember landscaping the Alamo
Member since Jul 2007
71892 posts
 Online 

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






Back to top
Mizzoufan26
Air Force Fan
Norfolk you buddy!
Member since Sep 2012
7491 posts

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.






Back to top
ThaKaptin
Alabama Fan
The Sultan of Swag
Member since Nov 2010
20086 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.





Back to top
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





Back to top
Geauxtiga
NC-Wilmington Fan
No man's land
Member since Jan 2008
27478 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.






Back to top
  Replies (0)
Kafka
New Orleans Saints Fan
Remember landscaping the Alamo
Member since Jul 2007
71892 posts
 Online 

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


quote:

Do better kafkaing








Back to top
  Replies (0)
boom roasted
Member since Sep 2010
14027 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.





Back to top
  Replies (0)
ZZTIGERS
Miami (OH) Fan
Member since Dec 2007
11242 posts
 Online 

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.






Back to top


Back to top