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Will I lose my job if I go to basic training?

Raleigh, NC |

I want to become a reservist with the military but I'm afraid that I will lose my job if I go to basic training. and then officer training to follow Is your job protected under federal law if you go to military training?

Attorney Answers 4

Posted

Generally, you will not lose your job. I could go on about the conditions and situations, but the following link is a remarkably comprehensive answer to your question by the Justice Department.

http://www.justice.gov/usao/nce/documents/EmploymentRights.pdf

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.

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Posted

The federal law applies.
Here is a link to help educate your employer.
http://www.esgr.mil/

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Posted

Your job should be protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. USERRA provides that returning service-members must be promptly reemployed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. The US Department of Labor, through the Veterans' Employment and Training Service (VETS), has enforcement authority if you lose your job and want to pursue a complaint. See the link below. You also have the right to seek a court remedy for a violation of USERRA.

David Puryear is an employment attorney licensed in North Carolina with 29 years experience representing employees in employment law matters. He also accepts cases on behalf of employers. The answers provided here are for general public service information only and are not intended as legal advice in a specific case or the practice of law in any jurisdiction other than North Carolina. You should consult with an experienced employment attorney near you to receive legal advice about your personal situation.

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1 lawyer agrees

Posted

USERA requires your employer to hold your job for up to five years. Do not resign when you go to training. If your employer threatens to fire you anyway let your command JAG or legal office know.

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