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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.
yes, hang in there.Do everything in your power to make them treat you fairly. Makes me sick that someone does that to our servicemen/women. I have the UPMOST respect for our military and you did you job for me, for my family, for my country. It's appalling the way military persons are treated in this country. Call your state senator too!
Last edited by Élan vital; 01-08-2009 at 08:13 PM..
Reason: cause I'm duh sometimes!
I thought that they owed you the same job but not necessarily the same schedule. Show's you what I know. I want to thank you for your service and respect your rights. I also want to tell you that there are many, many people here that are without work and would kill for a job, any job, for any number of hours and times of day. Some that are hanging onto their jobs have had their hours cut, their pay cut and their shifts changed. Just this week my little town of 23K has had layoffs of over 1000 people. Please excuse some people for not being 100% sympathetic. Please keep us updated and good luck. Again, thanks for your service.
I do realize that this is a bad economy and millions of people have been affected. However, no one in this company has been affected and as a matter of fact, some have excelled due to some of us having been activated. I'm the first back and honestly all that I want is for the company to follow the law. No more, but no less.
The one item that I do not understand is this - somewhere along the line, my company will lose the ability to have government contracts at all levels if they are found in violation of the law. Why they are fighting so hard I have no clue since this company is one of the largest security contractors for the federal government.
Luckily for me, my former night shift supervisor has been going to bat for me and he told me he believes things are going to smooth out fairly quickly.
OP, you do need to fight for your rights. I could understand if your original job had to be cut due to the economy but since the job is still there, then it is your right to get your job back. They should have made it clear to the person in the position now that it was temporary. I understand that it can be a pain for the company but the rights of our servicemen and women have to be upheld or we won't have a military.
The person in the position knows that it was temporary. When my position was posted, it plainly stated that it was for a temporary fill. Amazingly, this piece of paper has disappeared. Luckily though I have in my possession a different announcement for another National Guard soldier who left a month after I did. His also states temporary. Likewise, I have people willing to write legally binding witness statements that they both saw my listing as being temporary and being told this verbally.
While legally they do not have to give me my exact position back, they do have to give me my shift back. Where I work, only 3 people work the exact shift I did. Two are regular employees while the third took my position under the impression it was only temporary.
By the law, they are going to have to bump someone. To me the easiest would appear to move the person in my slot into another open but less desirable slot. Speaking of which, it took me 8 years with this company to get this slot. So between the pay and how long I tried to get this slot is the main reason why I am trying so hard.
Have you gotten hold of your unit's legal officer? A letter from him/her would probably break the logjam.
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