Expert: Drew Wilmoth - 3/3/2009

Question
Good Afternoon,and thank you for taking the time to answer my question.I have been working in the Caymans for almost a year and a half.I was in the National Guard in the States and got discharged to move and work here and they put me in the Inactive Reserve,I recently learned from my parents that I have orders to report May 3rd for deployment to Iraq.which i have been to once already:( I have called the Army Reserves and talked to them about getting a discharge,I informed them I live in the Cayman Islands and stated that I would lose my job should i have to leave the country for the Military because unlike the states where they have to keep your job for you.what they said I needed was documentation stating that,due you know where i could get that,any help would be apprecieated.Byron

Answer
As and expatriate worker in Cayman, you do not have the right for your employer to hold a position open for you to return to after you complete service in the National Guard.

I would suggest asking your employer to write a letter on company letterhead detailing your position and immigration status. You need them to verify what their company policy would be about holding your position open.

Ask your employer to explicitly state whether they anticipate continued renewal of your work permit. If the National Guard sees an expiration date on your work permit they may tend to think of that as a convenient time to require you to report.

You can provide a copy of your passport with your work permit stamp as well. This should be adequate proof of your immigration status.

Finally, you can make inquiries with the Department of Employment Relations as well. They may be able to provide you some sort of documentation that a Cayman employer is not required to hold open a position in your circumstances.