Expert: Rod Powers - 12/22/2007

Question
I am a 24 year old E1 (Pvt.) currently on leave from OSUT at Ft. Benning for Christmas Exodus. My MOS is 11B, Infantry. I enlisted with the Guard but have recently decided that I would like to be in the active army. I live on my own and have a house note and all the bills that come with that to pay. Not to mention a truck note and full coverage insurance. When I told my boss I was going to enlist he laid me off. So I have no job to come home to and I am worried about my financial obligations. Once I get home from Basic I am no longer considered active and will loose my benefits and only receive drill pay once a month. I am wondering if it is at all possible to make that switch before I graduate basic and if not how might go about doing so. Any information on this subject would be greatly appreciated, Thanks.

Answer
Hi Jason,

First of all, your boss has violated federal law by laying you off, or firing you because of your decision to join the Military. The Servicemember's Employment & Reemployment Rights Act makes it a federal crime for an employer to discriminate based on past, current, or future military service. Additionally, the law requires your employer to re-hire you to your former (or equivelent) job after you return from active duty. For details, see my two articles, "Uniform Services Employment and Reemployment Rights in a Nutshell" at: http://usmilitary.about.com/od/millegislation/a/userrashort.htm" and "Employment & Reemployment Rights" at: http://usmilitary.about.com/od/justicelawlegislation/a/userra.htm

When you return from OSUT, you can contact the Department of Labor (the articles explain how), and make a complaint, and they will investigate and assist you in resolving the complaint. Additionally, you can file civil lawsuit against your employer if its shown he/she violated this law. Your employer could also be criminally prosecuted by the Department of Justice (go to jail and/or pay a large fine) if the Department of Labor finds they violated the law.

Personally, whether or not you decide to apply for active duty, I recommend that when you come home, you hold your employer's boots to the fire by contacting the Department of Labor and making an official complaint (as a start).

Heck, who knows. You might win a lawsuit settlement and put a few thousands of dollars in settlement money -- minus attorney fees -- in your pocket, whether or not you decide to go onto active duty. (I hate those who discriminate against Military personnel).

This is important because transfering to active duty is not going to be a fast process. First, most Reserve commands won't even consider it, until you've been with them for more than six months (after OSUT). Second, there is no guarantee they will approve it. It depends on whether or not your reserve unit's "manning needs," and other factors. Details about the process can be read in my article at: http://usmilitary.about.com/od/guardandreserve/a/reservetransfer.htm

For more information about the United States Military, feel free to visit my U.S. Military information site at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com