Wish me luck :D (Somewhat long) (employee, highest, unemployment, degree)

[Zig'sbird]

Not that anyone here would actually remember....

But...

As a recently released activiated Army National Guard (ie, I just got home from Iraq) I just filed for unemployment. For the most part it went smoothly although I did have to deal with a couple of people at the unemployment office who were not used to dealing with people in my situation. After enough research (btw thanks for everyone's help) I applied for unemployment from Mass. They have the highest check in the nation.

That being said, I have no clue how long I will be drawing it. I will hopefully only need it for a month. I DO have a civilian job but it will take some time to get back.

However, it appears that I am going to have to fight for my job. Luckily I have an ace up my sleeve. IF I don't get my slot back I have the government on my side. There is an organization there to help the Guard and Reserve soldiers deal with employment issues and they are more or less backed by the Department of Labor. I have discussed with them my employment issue and they stated that they would be willing to represent me. Hopefully I can get my old slot back without resorting to calling in the Department of Labor and having them sue my employeer. For the most part my employeer is decent - they are just ignorant of the law. I will say that I feel great about the fact that the DoL is willing to represent me.

Originally while overseas I had planned on riding out the unemployment, finishing my degree and getting a job afterwards but I underestimated the economy while overseas. While this job is not one to brag about, I do get paid very well for the area and for what I do. I work armed security but actually get paid more then most police officers. It's an ego killer to say you're a rent a cop, but it's offset by the pay

So here's to everything hopefully falling into place without too much drama.

[brightdoglover]

I wish you well. I hope things go smoother for you than they have in the beginning, and thank you for your service.

[Zig'sbird]

Well, no luck with my job

Yesterday I filed a complaint against my employeer. They DID offer me a position that is only 34 hours per week, in 4 different buildings, on 2 different shifts.

I filed my complaint based on:

(1) The position the service member would have held had he or she remained continuously employed, or a position of like seniority, status, and pay, if he or she is qualified or become qualified.

(2) The position the service member held prior to military service (if (1) is not applicable), or a position of like seniority, status, and pay, and if he or she is qualified or could become qualified.

If I had not been called up and sent to Iraq, I never would have left my position. I had waited for about 2 years to get that position so I'm not back going to give it up easily.

Likewise, status also includes shift. My shift was not 1 and 2, but third. Likewise, I was in a patrol car, not on an x-ray machine. Furthermore, while I would be paid the same per hour, overall I would be losing 5 hours per week, which translates into over $100 per week that I would lose.

additionally I did talk to the head supervisor for my company in my city and he does not want to kick someone out of a slot. While I understand that:

Q: When I returned from service, my preservice employer told me that I could not be reinstated immediately because no vacancy existed. The employer promised that the first vacancy to come open will be reserved for me. Is this good enough?

A: No. Your right to re-employment is not contingent upon there being a vacancy. Sometimes, it is necessary for the employer to displace another employee to make room for the returning veter-an.

See Cole v Swint, 961 F.2d 58, 60 (5th Cir. 1992); Goggin v. Lincoln St. Louis, 702 F.2d 698, 703-04 (8th Cir. 1983); Fitz v. Board of Education of the Port Huron Area Schools, 662 F. Supp. 10 11 (E. D. Mich. 1985); Anthony v Basic American Foods, 600 F. Supp. 352, 357 (N.D. Cal. 1984); Green v Oktibbeha County Hospital, 526 F. Supp. 49, 55 (N.D. Miss. 1981).

So, looks like sometime next week I'll have a better idea of what's going on.