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Discussion in 'The Okie Corral' started by HerrGlock, Mar 28, 2013.
Guard and Reserve gets the short end of the stick nowadays
at my University absences outside of University sanctioned sports are up to Professor discretion. I've known Guard and Reservist that missed Quizzes and got unexcused absences on three-day drills while Lacrosse players could take a week off class and retake the Quiz when they got back
there is a Serviceman act to prevent firing because of military service but I heard that the employer has to specifically mention it as a reason for firing so unless the employer is a idiot and writes it down as a reason of firing the employer never gets in trouble
I stopped watching the Weather Channel some years ago when they let Cheryl Lemke go.
The article says that the network chose not to renew her contract, which is not exactly the same as being fired. Technically, her job ended at the time her contract period ended.
Having said that, it seems pretty stupid for them to give her the axe; she sounds like the perfect job candidate for an on-air WC gig.
So, nobody who serves in the reserves or NG can ever be fired, or laid off, or be gone with an expired contract?
Does this guarantee them a lifetime job with their employer?
If that's the case, employers would be wise to avoid hiring anyone who might become a reservist; I don't think we want that.
She may be a lawyer, but she's also a blonde, and she even signed away her rights to sue and accepted binding arbitration.
This is her opportunity for 14 minutes of semi-fame to start her new career.
No, an employer doesn't have to mention it as a reason. Normally they give no reason. The employee makes their case just like it's set out in the article - she was employed, she took military leave, she got adverse action close after the leave. Unless the employer can back it up with pretty strong evidence of another good reason, they have a problem.
That is not what the law says, nor is it what the article or anybody here said. Reading is fundamental.
I have witnessed discrimination against NG and Reservists for 40 years. While many are honest when they thank us for our service too often that thanks does not extend to accommodating the time we need to serve. Small businesses suffer more than large due to the absence of a key employee but the big companies appear to be worst when it comes time for the serviceman to be off.
Keep in mind that it is not just weekend drills or summer camps. The NG/Reservist also frequently needs time off for his continuing military education. Little known outside the NG/Reserves is that the weekend warrior has to meet the same military education requirements as the active duty member for promotion. This usually means extra camp periods as well as many hours of study between drills.
Ironically the person who is driven and capable in your business is the same type is driven and capable in the military. So your military man who is attending extra schools and needing some extra time is the type of person you should covet for your business.
Unfortunately the junior people who are just starting in jobs are the ones often brushed aside by employers. I would like to see these businesses get some publicity over the anit-military actions and suffer at the cash register.
It's what I said. Read it again, carefully.
Show me where I misquoted the law, the article, or anyone else.
And learn some manners, Bren.
I recall this story from several months or maybe a year ago. Why is it being resurrected now? Didn't she get enough mileage out of it the first time? Is she missing her time in front of a camera?
Sorry, she always struck me as another "I'm the center of the world" PITA. It seems she expects things to always go her way. Maybe the Weather Channel people felt the same.
The law does not require lifetime employment. As far as signing away her rights the courts have generally found that a agreement that signs away your rights in order to gain a job are not enforceable when the employee engages in actions outside the law.
Dunno, this was on the page:
Posted Mar 27th 2013 @ 6:00AM
I read the 2010 timeline, and also was wondering why is something 2, almost 3 years old getting ink nowadays. I'm thinking maybe she just filed the lawsuit or something....
Maybe she just got promoted to Major in the Reserves
I don't have much patience with people who say foolish things, whether in real life or on the internet. To the extent I need manners, you need to comprehend what you read and stop throwing out outrageous statements not supported by the facts. I'd rather lack manners.
I have already showed you where you misquoted the law, article and those above, by quoting the part of your statement that was incorrect. However, to be more detailed, you said:
That is not in USERRA, and it is not stated in the article and nobody above said it.
Then you said:
Again, not in not in USERRA, and it is not stated in the article and nobody above said it.
That, on the other hand, is illegal.
Nobody cares about your lack of patience, or your lack of reading comprehension, or you.
I was working as a federal LEO and going to the University of Idaho full-time when 9/11 occurred.
I had to start working 14 hour shifts to guard federal facilities against additional attacks and the university would not let me finish the semester...
Then why would you make a hyperbolic statement such as what you said in your original post with no basis in fact or reality?
I've known people who have NG/Reserve obligations including 2 of my current co-workers.
One of my former coworkers did a 6 month tour in Iraq in 2003 with his USMC reserve unit. Our employer held his position and supplemented his military pay to bring his salary up to what his civilian salary was. When he came back he had to do some training to catch up on some policy changes he missed while gone, but that was it. He never had a problem with getting time off for his weekend drill or his 2 weeks over the summer. To contrast that, I know another person who actually was terminated but got his job back under USERRA and his employer got smacked down hard.
As Bren said, unless they can document legitimate reasons for her dismissal or not renewing her contract immediately after returning from military service that are unrelated to her absence due to her service, they got some 'splaining to do.
The reason doesn't have to be "strong" it just has to be documented and not related to their service. It's like a starting a chapter packet.
1) You were "late to work" X number of times in a week/month. (even if it's only a minute)
2) Your browsing records indicated excessive "personal use" of the internet connection provided.
3) We are downsizing, Your position was eliminated, a more qualified candidate has presented him/herself, a less qualified candidate is willing to do it for less, etc.
...and almost completely impossible to prove.
Reservists and National Guardsmen are nothing but a burden and a drain to businesses.
Not hiring them or weeding them out is the best thing a business can do.
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