Campbell
Gold Member
- Aug 20, 2015
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A business cannot blatantly fire you or lay you off if you are on your military duty. But it wouldn't surprise me if they have ways around that. I had a friend who worked for the city of San Jose as an engineer....he went to an interview for a higher paying position in the department. During the interview, one of the interviewers asked him if his reserve duty would adversely affect him doing his job. He smiled and asked when they wanted him to start work.......the question was illegal to ask and if they didn't hire him after that, he would sue..........and win.
When a person joins the military it is generally treated as a voluntary resignation from your position. Employers are not obligated to maintain your employment status while you are on military service. What actually happens is that members of the military generally have a right to re-employment after their service is completed, or (if in the Reserves or National Guard) after their deployment is over and they come back home. This is not automatic and the service member must comply with some minor stipulations; you must give advance notice to your employer that you are leaving for military service, your service must be honorable, you must be timely in reporting back to your former employer, and you must be separated from your former employer for no more than five years. In addition to the right to re-employment employers are prohibited from discriminating against employees on account of their military service, to including consideration for promotions or raises, or from taking adverse action against an individual, such as terminating someone on account of their impending departure for military service.
That being said, employers retain the right to make terminate employment for any other lawful reason. And where employers generally have a right to terminate an employee for no reason at all, the employer can still legally terminate the employee. The primary legal recourse for an employee who believes they have been terminated based on illegal discrimination would be to file a lawsuit, where the terminated employee would have the burden of proof to support the claim of discrimination. Employers can successfully defeat a discrimination claim, even if the reason for termination was in fact discriminatory, by progressing an employee through standard disciplinary/documentation measures for poor performance and/or misconduct.
Generally speaking, most employers can "trump up" adequate grounds to initiate disciplinary actions fairly easily. This can be something as simple as documenting an employee for being 5 minutes late. As long as the employer adheres to the company's standard policies for disciplinary action, and adequately covers itself from providing ammunition the employee can use to demonstrate or imply discrimination, it is extremely unlikely that an employee would be able to bring a successful claim.
That last paragraph describes the kind of crap that company management gets away with these days. I would have liked to see them try something like that back when we had unions and earned enough to call ourselves "Middle Class." You Know....back before Reagan and the Bushes:
..........................Total U S Debt...........................
09/30/2014 $17,824,071,380,733.82
09/30/2013 $16,738,183,526,697.32
09/30/2012 $16,066,241,407,385.89
09/30/2011 $14,790,340,328,557.15
09/30/2010 $13,561,623,030,891.79
09/30/2009 $11,909,829,003,511.75(80% Of All Debt Across 232 Years Borrowed By Reagan And Bushes)
09/30/2008 $10,024,724,896,912.49(Times Square Debt Clock Modified To Accommodate Tens of Trillions)
09/30/2007 $9,007,653,372,262.48
09/30/2006 $8,506,973,899,215.23
09/30/2005 $7,932,709,661,723.50
09/30/2004 $7,379,052,696,330.32
09/30/2003 $6,783,231,062,743.62(Second Bush Tax Cuts Enacted Using Reconciliation)
09/30/2002 $6,228,235,965,597.16
09/30/2001 $5,807,463,412,200.06(First Bush Tax Cuts Enacted Using Reconciliation)
09/30/2000 $5,674,178,209,886.86(Administration And Congress Arguing About How To Use Surplus)
09/30/1999 $5,656,270,901,615.43(First Surplus Generated...On Track To Pay Off Debt By 2012)
09/30/1998 $5,526,193,008,897.62
09/30/1997 $5,413,146,011,397.34
09/30/1996 $5,224,810,939,135.73
09/29/1995 $4,973,982,900,709.39
09/30/1994 $4,692,749,910,013.32
09/30/1993 $4,411,488,883,139.38(Bill Clinton Raised Top Marginal Tax Rates)
(Debt Quadrupled By Reagan/Bush41)
09/30/1992 $4,064,620,655,521.66
09/30/1991 $3,665,303,351,697.03
09/28/1990 $3,233,313,451,777.25
09/29/1989 $2,857,430,960,187.32
09/30/1988 $2,602,337,712,041.16
09/30/1987 $2,350,276,890,953.00
09/30/1986 $2,125,302,616,658.42
09/30/1985 $1,823,103,000,000.00
09/30/1984 $1,572,266,000,000.00
09/30/1983 $1,377,210,000,000.00
09/30/1982 $1,142,034,000,000.00(Total Debt Passes $1Trillion)(Reagan Slashed Tax Rates To Pre Depression Levels)
09/30/1981 $997,855,000,000.00