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Do employers discriminate against reservists?

Posted on August 30, 2022 by Author

Do employers discriminate against reservists?

“All service members, including members of the National Guard and Reserve, need to know that employers cannot discriminate against them based on their military service obligations.

Is your job protected if you join the military?

Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. Employers must grant time off for military duty.

Does army reserves count as employment?

A claimant who performs services as a member of the National Guard or of a reserve component of the armed forces for inactive duty training, annual training, or emergency State active duty is performing services as an employee.

Do I have to disclose my military service?

Disclosing your military affiliation and military experience is pretty much required if you plan on using the experience for career progression. Whether you have four or 20+ years of service, your support for the country counts as career experience, and you should be proud of it.

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How many hours do you work in the Army Reserve?

12 hours duty day with 24 hour days when training and deployed. One weekend a month and Two to three weeks out of the summer.

Can an employer deny military leave?

No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a”right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.

How long is an Army Reserve contract?

Length of commitment: Your total contract may range from three to eight years. This depends on the branch of service and your specific occupation/job.

How do employers verify military service?

Simply call NPRC or submit a Freedom of Information Act (FOIA) request by mail. Recruiters looking to verify military service can ask candidates or employees directly for their service records to determine if a candidate meets the requirements of a contract or for employee veteran percentage records.

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Can an employer refuse to hire you if you join the reserves?

This includes your initial employment; an employer can’t refuse to hire you because you’re in the reserves, and he can’t fire you if you join the reserves after you’re hired. Employers also can’t deny you a promotion or any employment benefit because of your service.

Do I have to tell my employer I am a reservist?

You can decide to leave the Reserves at any time unless you are ‘mobilised’. Do I Have To Tell My Employer I’m A Reservist? You only have to tell your employer you’re a member of the Reserves if a condition of employment dictates you are not allowed to take on any other work.

Can I be fired while in the reserves?

USERRA protects you from discrimination because of your reservist service. This includes your initial employment; an employer can’t refuse to hire you because you’re in the reserves, and he can’t fire you if you join the reserves after you’re hired.

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Where can I find the Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is codified in title 38, United States Code, sections 4301-4333 (38 U.S.C. 4301-4333). The complete text of USERRA is available on this web site.

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