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Old 01-27-2009, 11:32 AM
 
Location: Indy
667 posts, read 2,882,161 times
Reputation: 454

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Thanks guys. It sucked that I had to go as far as filing an USERRA complaint but it did get their attention. One thing I did not know until right before I filed it is that the company is currently in negotiations for the new contract. The contract is up in April so anything like that is a major black mark against the company.

Hopefully, a new company takes over the contract in April so the people who are properly gunning for me get replaced
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Old 02-20-2009, 05:06 PM
 
Location: Indy
667 posts, read 2,882,161 times
Reputation: 454
Final update:

First thank you to everyone who supported me throughout this ordeal.

Glancing through what I posted, it seems I did leave out a couple of things so I will tell everything that happened and hopefully other returning Guardsmen and Reservists.

Everything is right up to right before I filed my USERRA complaint, and I think that's because I was MAD. What happened is that a 2nd shift supervisor position came available so I did apply for it. While I really did not want it, it was still a job with 40 hours a week. During the interview that they asked me 2 different questions that really raised my eyebrows. First, they asked if I was still in the National Guard and if I had my 2 weeks a year training. Right after that they asked me about child care. After the interview I was told one way or another, I would be notified.

For this position, only 4 people had applied. Me, who has been there for 8 years and has held various positions within my company. The next person was a former SF soldier who has been with us for 1 year, and then 2 people who were still in their probationary time period as they were new employees. I figured it would come down to me and the person that had been there for about a year, but was a good guy with a lot of outside experience. Instead, they gave it to a part time employee who has been with the company for only (at the time) 2 months. While it did seem like a slap in the face, what really upset me is they did not contact me as I was told.

So, the day after I found out I did not get the position, I went to the DoL and filed my complaint. I met with the USERRA expert in Indiana for the DoL and explained everything to him and he took my complaint. However, he told me that I have the basis for two complaints - one for them not putting me in a similar position, and then one for being discriminated for being the in Guard when I applied for the supervisor position.

That was on a friday, and on monday I was contacted by the contract manager in Chicago that I had my position back. However, it took almost 2 weeks for me to start back at work. Right before I did, I had to go through a conference call with the Indy captain, me and the contract manager. It started off pretty good and then the contract manager went off on me not following the chain of command. At first I tried to smooth it out but finally I had enough and pointed out the fact that when he came down to Indy I had request through a couple differnet supervisors that I wanted to discuss with him my situation. Amazingly, he left the building before I was able to sit down with him and I then explained over the phone that I took that personal and that he had no interest discussing my situation with me. At this, he apoligized and said it was not intentional but he did stop his tirade about chain of command when I pointed at the fact that I did attempt to use the chain but that I had been regulated to being unimportant by the supervison.

So, he settled with me and even offered me back pay to Dec 29, which was 232 hours. I agreed that I would drop my complaint as soon as I started working. The DoL though decided that they were not going to drop the complaint until I had received my back pay. My company, being the intelligent people they were, cut me a check almost immediately. However, once it arrived in Indy, it was pinned up on the board in an area where I was not authorized to be. The supervisors sat on that check for about a week before I got it. The thing that I found funny was the fact was that with them playing their little power trip game it was not hurting me, but it was hurting the company. By them holding onto my check, the USERRA complaint was active for a week longer while the company was in open contract negotations with the Federal government. An open USERRA complaint during this time is almost a sure bet for any company NOT get the contract.

So, overall, my company fought the entire time and really just hurt themselves in the end.
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Old 02-20-2009, 05:57 PM
 
Location: NW San Antonio
2,982 posts, read 9,810,025 times
Reputation: 3356
Congrats for standing your ground. Its hard to stand up in the US, a lot harder than when youre overseas, your buddies are with you, fighting by your side, here, you don't know what is what. Especially when you expect your job to be fair, and it aint. I salute you, and Im nobody important, but, my friend, you have my respect.
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Old 02-20-2009, 06:42 PM
 
48,505 posts, read 96,589,733 times
Reputation: 18303
In many way they also might be afraid to mess with you because tehy can be sued for retaliation. Especailly when they egt governanment contract. look around;normally iots the people that sit and take injustice that get the shft. Retaliation isn't something that compaies want to deal with especaily whne you there is already a record.
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Old 02-20-2009, 07:01 PM
 
Location: Fort Worth, Texas
10,757 posts, read 35,359,949 times
Reputation: 6959
Quote:
Originally Posted by Zig'sbird View Post
Recently, I returned to the US from a tour in Iraq. I was an activiated Army National Guard soldier. Once I got home, I notified my civilian employeer that I was back and ready to come back to work. Before I left, I worked armed security through a contractor for federal buildings. The one I worked at was DFAS. I worked midnight shift, outside in my patrol car. I also worked a full 40 hours a week.

Once I got home, my employeer had no problem putting me to work, just not in my old slot. Instead, I would have to move around 4 different buildings, and only get 34 hours a week because our company considers anything over 32 full time. When I turned it down, I was told that they will have to 'find me hours'

Legally, I am entitled to come back with the same shift and same pay. My company contends that the pay rate is the same so they are meeting the same pay clause of the law. I contend that 35 payable hours is less then 40, so it would not be close to the same pay since each week I would be shorted about $110, or about 6k a year.

Additionally, I need the third shift, but my employeer is refusing that. Legally, under current law, they are required to give me back the same shift I was on before I left.

Currently, I have filed a complaint through ESGR, which is supposed to tackle these issues. If it is not resolved through ESGR, my next step would be to file a complaint through the Department of Labor and from there I can either use the DoL and have them sue my employeer to get me my job back, or I can go through DoL and also get a private lawyer and sue my employeer. The one benefit to a private lawyer is that it will hopefully speed up the process.

What is sad is that it appears only 2 people do not want to give me my old position back and that is because the person in my slot is one of their favorites. What is worse, is that it is the 2 who have complete say. 2/5 supervisors. The other 3 have told me that they do not understand why I am getting screwed over (their words also).

Sometime this Monday or Tuesday I am supposed to meet with the ESGR. Hopefully this does not drag on for too long and I can get back to work.

/rant
Thank you for what you did, fighting for our country. I am so sorry you have to come back to something like this. I hope you force it down their throats, make them do the right thing.
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Old 02-20-2009, 07:12 PM
 
Location: Florida
6,266 posts, read 19,128,533 times
Reputation: 4750
thanks for an update Zig'sbird !!
I hope things get progressively better for you!!
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