ALCON,

It appears that IMCOM is denying me employment because I am a mobilized Reservist in Afghanistan. I applied for, and was offered (in writing) a GS-14 position. When I told them I was in Afghanistan and needed to move the start date "to the right", they replied that management did not concur.

38 U.S.C. 4311(a) provides “A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”

If anyone out there has a good employment lawyer, please get me the contact information.

Thanks and Gig'Em

Sir, correct me if I'm wrong, but I think USERRA only applies if your employment is terminated because you were mobilized. I don't think it keeps them from denying you employment. My wife has had the same problem in trying to get a GS job. (reservist)

quote:

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...shall not be denied initial employment...

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Sir,
Although I'm sure you have access to a JAG, you might consider talking with the IG. Although this may be where you applied for the job, you may want to check with the post Civilians Personnel Advisory Center (CPAC) to clearly delineate what regulations suggest why the could higher you either way.







We keep you alive to serve this ship. Row well, and live!

CAV,
My JAG is a DA civilian lawyer and has advised me to seek assistance. I have notified, via their web site, the ESGR and will talk to them today.

My JAG (an Aggie also) is sure that IMCOM is wrong. I have a CW4 who is also a GS14 - - he is sure they are wrong.

You didn't notify them you were deployed until after they made you an offer?

This guy taught my employment discrimination class this last summer. Not sure if he can help but I am sure he could point you in the right direction.

http://www.ogletreedeakins.com/attorneys/jeffrey-c-londa

disclaimer: not legal advice

Go to the ROA web site and contact the Servicemembers Law Center.......CAPT Wright is a great guy and a great resource....

1) Don't take advice from anyone on Texags
2) I have a great atty for you on this, send me an email dagarcia at dckww dot com

Good luck

All,
Thanks for the tips and advice. I will proceed accordingly.

From KAF
Gig'Em

Talon=forked tongue

1). Dont trust anyone

2). I gotta guy for you


The ROA Servicemembers Law Center is the recognized expert on USERRA. He helped write the law. And he is free to ask a question to and explain your situation.

I didn't say "don't trust anyone" I said don't trust advice you get on Texags. Huge difference between getting free advice on an anonymous message board vs getting advice from a licensed professional you could sue for malpractice should the advice be wrong.

I'm introducing him to the latter.

I'm thinking that ib3 is on the money for the "on the cheap".

Quick question though. Do you want to start a position where you forced your hand to get it? Sounds like a tough place to show up each day knowing your superiors might be a little po'd about that.

SC - I have given your point a lot of thought. This process started in SEPT 2010 (yes - 14 months ago). At that time, I told them in a recorded interview that:
1) I was in the Army Reserves,
2) My unit may be mobilized in 2011, and
3) If I was selected for this position in a timely manner, I would be able to switch units (this is my 4th deployment).

This government agency failed to act in a timely fashion. 14 months between advertisement and job offer. They can wait another 6 months.

Being that it is a government organization, I tend to agree with your contention. Government employees are used to red tape and bureaucracy so this could be viewed as another example of it.

I would definitely go through your congressman before hiring a lawyer though. Hiring a lawyer makes them go right into defensive mode whereas a call from a congressperson's office may invoke the oops factor, and "we just had a misunderstanding of the circumstances and we'll make it right," response.

If it was a private sector organization, they would never forgive it. 1) they don't answer to congress and 2) they HATE getting forced to do anything by a lawyer for any reason whatsoever.

I have an Ombudsman with ESGR now and I will give him an opportunity before either getting a lawyer or calling Senator Cornyn (just can't bring myself to call Charlie Gonzalez...)

I wish you the best of luck, Sir.

I am proud to have been able to help (in my own small way).

One of my classmates if a retired jag. He now does pro bono for newly released GI's. His telephone number is on the list given to all released from AD for legal advice. His office is now at the State Bar of Texas. You can call there or if you would like his name, give me a PM.

Bell - post your e-mail address...

jb.bell@sbcglobal.net

Bell,
E-mail sent

I going to be screwed. IMCOM won't budge. I have e-mailed Cornyn, Hutchinson, and Gonzalez.

ESGR has not made any progress.

Talon 2 - your lawyer said it is as close to a slam dunk as possible, but, being a Philly lawyer, won't take a Texas case.

I may just fly home and show up on 21Nov and see what happens...

i don't want to make light of your situation and hope it comes to an amiable resolution, but...

i laughed when i read this.

quote:

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This government agency failed to act in a timely fashion

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I assume you've asked but if you haven't it might be helpful to inquire about any future open positions if you can't secure this position? Do they have a future manning chart that they can see you filling?

As you aware, the Gov't comes down to budgets and budgets come down to timing and quarterly available funds. They may have to fill this position now in order to secure future funding.

Good luck Colonel.