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08-06-11, 11:21 AM #1
Employment as reservist going to OCS
I have read that your employer is only suppose to keep your job if you are already in the military and involuntarily get called for duty. My question is, if you are a reservist already, and apply to go to OCS. Does that still fall under the same protection or is it voluntary and therefore your employer does not have to keep your job open?
08-06-11, 12:07 PM #2
It doesn't matter. By law military orders are military orders. Whether you are called up or volunteer doesn't matter. You also don't have to tell your employer you volunteered either, although you do have to give them reasonable notice of your impending period of active duty.
My oldest daughter has deployed twice. She volunteered for both. While in Afghanistan her civilian employer sent a letter terminating her employment. She got a letter from the JAG and sent it. Her job was waiting when she was ready to go back to work after her orders were up.
She has since quit that job, but planned to do so before she had even gone to Afghanistan.
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