Rights under te USERRA act.

[gabecorey73]

My question is that I work for a Sheriffs office and intended on joining the U.S. Army Reserves. I went on military leave (granted by the sheriffs office) for the enlistment period and to go to training. As it turns out, after 3 months of the enlistment process (which according to the userra act i am protected during the enlistment process) my training date was moved out for a few months. I requested to return to work until then and was denied by the chief deputy, who happens to also be the agencies attorney. What legal action can be taken?

 

[TXESGR]

Re-employment under USERRA

Legal action may not be necessary....at this time. Assuming you are not disqualified for reemployment under the law (section 4304 of USERRA) then the law specifies that you are to be "promptly reemployed". Your supervisor may need to talk to someone someone versed in USERRA and trained in dealing with this sort of problem. Recommend you contact ESGR (1-800-336-4590 ) for immediate assistance. The ESGR web site also contains the name of local contacts (ESGR Ombudsmen) for your state and you can call one of them directly if desired. The ESGR Ombudsman program exist exclusively to provide free, timely and effective assistance to folks with problems such as yours.

You also have the option of contacting the Department of Labor for immediate assistance (go to the DOL website and search for "VETS" - then scroll down to your state and select a near by Veterans and Training Representative).

Finally, you can seek direct legal assistance without going to or through ESGR or DOL but as I said at the opening, with ESGR and DOL readily available, it may not be necessary.