can my husband be fired for joining the military?

Question

My husband has been at his curent job almost 3 years and has made no secret of wanting to join the military.  He has let them know that he will be leaving in January for basic training and they are threatening to not hold his job for him and ask him to resign his position.  They also will not let him apply for a promotion.  We are under the impression from the Service and Sailors Act that this is illegal.  Is that accurate? Can anyone help us?!?

Sgt Little Keefe · Accepted Answer

Hon, if hubby is joining the military the company is under obligation to hold his position or one that is of equal status and pay and he is also due any promotions and pay raises he would have received had he not left for the military, perhaps he should do some Internet research and bring in all appropriate information pertaining to the statutes that cover this to the company.  The Service and Sailors Act is correct.  Good luck!

Annie · Answer

YOu don't mention if he is active duty or if he joined reserves/gaurds.  If he is in the Reserves or Gaurds, than yes the company can not fire him, must hold his job for him while he is at basic and if he deploys,  I do not know how that effects promotion issues, but his recruiter should be able to explain it to him. 

If however he is going active duty, then no his employer does not have to hold his job.  The military is now his job.

GIOSTORMUSN · Answer

You fail to mention if he will be active duty, reserve or national guard.  If he is active duty, holding the postion at the job would be impossible.  If he joins the reserves or national guard under USERRA  38 USC 4301 which is federal law that details how a business is to deal with military reserve and national guard members called to active duty.  Complaints under USERRA are processed under the department of labor.  JAG does not get involved in such complaints.

kd_59_20785 · Answer

No, the company cannot fire him for joining the military.Your husband has met his requirement by informing his employers of his intent. I know if you work for the federal government you are allowed a 5 yr leave of absence for military service.I'm not  sure of the time requirement in private industry.

desertviking_00 · Answer

The Serviceman's Civil Relief Act does not obligate his employer to hold his job open during his time of military service unless that employer has contracts with the military. 
The Act deals with matters like leases for apartments and the like.

Mrsjvb · Answer

if he is going Active Duty, no they do NOT have to hold his job/position open or allow him to promote.  Only if he is going Reserves or Guard.

CRmac · Answer

active or reserves? because if its active duty then the day he swears in they are no longer obligated to hold his job and can hire someone else to replace him.....you cant expect an employer to hold a job for 4 years. if its reserves then yes they have to hold his current job

arwensilverwind · Answer

Yes the half to hold his job or have on with the same rank and pay waiting for him if he is going into the reserves.  If they don't sue their butts off.  If he gets fired make sure you have proof.

cr3ater · Answer

If he was to get fired, and you can prove that he did, you can sue that company for everything that it is worth. I sued my workplace cause they fired me on a 6 month medical leave, because i couldnt work. I filed it, 2 weeks later settled for 850,000 grand! So yeah, they can, but they wont get away with that. Oh i forgot, JAG would represent you!

Anonymous · Answer

his employer can get into a lot of trouble if they do that.by law, they have to give him a leave of absence.get a lawyer

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can my husband be fired for joining the military?

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