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2007-11-08 Home Front: WoT

Returning to work a problem for Reservists

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Posted by Delphi 2007-11-08 08:31|| || Front Page|| [1 views ] Top
File under: Global Jihad

#1 Well, yes. Our congresscritter wrote the law so that the action was civil and not criminal. The employee, of much less means, must sue the employer. The government doesn't represent the soldier/employee. He has to get his own representation. Meanwhile, government subsidized free legal programs would rather go into court to sue the government to force funding dictates in the great socialist collective, rather than expend resources representing people like this.

This is fertile ground for the Donks to recover some points by moving it from a civil court status to a criminal civil rights status and put the Trunks on the defense of protecting businesses. I wouldn't bet on it, cause in their heart, they do hate the ~~tools of the oppressor~~ troops.

Posted by Procopius2k 2007-11-08 09:27|| 2007-11-08 09:27|| Front Page Top

#2 Even worse a there is a good chance the that company move their jobs overseas while he was gone.....
Something the congress seems to drool over.

Posted by 3dc 2007-11-08 13:34|| 2007-11-08 13:34|| Front Page Top

#3 Something is amiss here. A Reservist returning from active duty should have a lot of cash sitting around, or at least a healthy reserve, unless his family has spent his money in his absence.

Because this is a trial of fact, it is a slam dunk for any lawyer, with 10 minutes before a judge. There is no defense argument, except either "We didn't employ him before he left", or "We have gone out of business since he left."

No excuses for delays or continuances, and the vet's lawyer asks for his own fees to be paid by the employer.

Any extra costs should be the lawyer adding icing on the cake like the vet cannot be denied regular promotions, lose any regularly offered benefits at the time of his call-up, and cannot be terminated until a minimum time, say six months, has passed.

Posted by Anonymoose 2007-11-08 13:36|| 2007-11-08 13:36|| Front Page Top

#4 Moose, just google something like 'backlog civil court cases'.

Posted by Procopius2k 2007-11-08 15:19|| 2007-11-08 15:19|| Front Page Top

#5 I can speak from experience that one they are done with you there is a very significant portion of the Army and VA that don't gve a rats ass about helping reservists or recently discharged.

Posted by OldSpook 2007-11-08 15:24|| 2007-11-08 15:24|| Front Page Top

#6 It's shameful that they don't get more help. I have to also feel a bit sorry for the employers. These guys are gone for a long time and they need to get on with their business. Do they just fire the guy that they hired to take his place? It's difficult for everyone and the government should help.

Don't expect any help from the Dems. They are too busy making up bogus figures about 1 out of 4 homeless being vets. If they bitched about the plight of the reservists, they might actually have to do something helpful for the military members and they don't want to do that.

Posted by Glaling Turkeyneck1651 2007-11-08 15:32|| 2007-11-08 15:32|| Front Page Top

#7 #3 Something is amiss here. A Reservist returning from active duty should have a lot of cash sitting around, or at least a healthy reserve, unless his family has spent his money in his absence
'Moose, why should a reservist have a pile of cash when returning from callup? Most of the reservists have civilian lives, and civilian expenses, before they get called up. Many take a cut in pay when called up. The mortgage and other expenses don't go away during callup. If the reservist is a single kid, fresh out of high school, sure, he could come home with a wad of cash. However, if he is a married man (or woman) with a house, a car payment, and a couple of kids, making good money in the civilian world, most, if not all of the salary and benefits will get eaten up by the expenses back home.

Posted by Rambler">Rambler 2007-11-08 17:41|| 2007-11-08 17:41|| Front Page Top

#8 Having been thorugh the mill three or four times with the VA, and about to go again, I can truly state that half of those out there that are "trained" to help don't know which way to look to see the sun rise. I received three or four briefings before I retired, and 80% of the information I got was either useless or wrong. The same is true of just about every government agency that "offers assistance" to the average person - they know their job so well, they CANNOT explain it to someone that isn't as deeply enmeshed in the "system" as they are. A private attorney knowledgable in the system can do wonders. The same is true of talking to other Vets, but ONLY those that have been in the same or a similar situation. Some of the "counsellors" at the DAV can't explain how to convert military medical jargon into what the VA can understand, for instance, or tell you how to word a letter to get your point across. That failure will almost always get a request denied. The fact that the "right" path is usually so convoluted and inobvious even a snake couldn't follow doesn't help any.

Government agencies exist to perpetuate and expand government agencies. Any other benefits are purely coincidental.

Posted by Old Patriot">Old Patriot 2007-11-08 19:15|| http://oldpatriot.blogspot.com/]">[http://oldpatriot.blogspot.com/] 2007-11-08 19:15|| Front Page Top

#9 unacceptable delays, refusals, and incompetence. Fix it!.

that said, Teddy doesn't give a rat's ass either, except as an election sword

Posted by Frank G">Frank G 2007-11-08 19:59|| 2007-11-08 19:59|| Front Page Top

#10 OldSpook: Yours was my big point. Once you are out, nobody gives a shiat for you, except family. The only plus is that sometimes you can use that obstinate bureaucracy against those that try to mess with you.

For instance, my HOR in the Army was Texas, for tax purposes. But I hadn't got the mud off my boots before the new State I was living in tried to dock me for back taxes for all my time in the Army.

My response to them was a copy of my DD214, with a cheery note that if they had any arguments, to take it up with the Pentagon. They shut up real quick.

These vets returning from service should *expect* to get screwed with by just about anybody, and to have *zero* support or respect by any governmental anything. They have to come home looking for a fight.

When they show up for work, they should already have a copy of the Uniformed Services Employment and Reemployment Rights Act of 1994 (or "USERRA") in their pocket. If their boss says they are fired, before they leave the building, they should have shown it to him, the BIG boss, and the legal department, if they have one.

If the stupid bastards were dumb enough to fire a reservist, then they are dumb enough to believe that doing so could put them out of business.

If they still choose to fire him, they are boned.

When he contacts a lawyer, he will probably slaver like a hungry pit bull facing a juicy steak at the prospect of utterly raping that business.

From that point on, it may not even need to go to court, as the lawyer can call them up and demand not only reinstatement, but start demanding other stuff in exchange for not suing their pants off.

In my case, I would demand the job of the boss who fired me, in place of him, who should be out on the street. And, if I'm in a surly mood, I might even ask for BACK PAY, for the time I was on active duty. With a drooling lawyer demanding it for me, they would hopefully be pooping themselves before they even hung up, and begging me to come back to work for them.

Posted by Anonymoose 2007-11-08 20:03|| 2007-11-08 20:03|| Front Page Top

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