Question on the USERRA law

[JR189]

Good evening Marines
I am in the process of enlisting in the Reserves, and I have a question. About a couple of months ago I got hired full time with my job, with pretty good pay, and benefits. However my dream to become a Marine is still very strong which is why im looking to go the Reserve route. My question is can I enlist while I am on probation with my job into the delayed entry program? I have read the USERRA laws but I didn't see anything in there that said im safe while on probation. Unless I missed it can you Marines possibly give me advice on what to do. My recruiter is pushing for me to enlist this Sunday, and while I really want to I want to be careful because I don't wanna get fired. Any help is greatly appreciated

[Mindgame]

Legally they can not fire you. Unfortunetly. Some places are shady, and could try to say it was for another reason. Now if you did tell them you where joining even though you are on a probation, and happend to get fired. No matter what there excuse, they could have a huge lawsuite on there hands. They would have to have evidence that you where fired for reasons other then joining. Usually on a probation period that is not the case. They usually do not have to provide a reason, but it is a differant story when this law comes into place.

Personally I wouldn't ship until a decent time after my probation ends. I wouldn't want to make room for anything to happen.

[JR189]

Ok thank you very much sir

[03Mike]

A lot will depend on what being a "probationary employee" means in your company. In many cases, probationary employees aren't paid full rate, don't receive benefits, and can be fired pretty much without cause. I've known companies where employees in a probationary status were basically temps - for up to 3 months. USERRA generally doesn't protect part timers or temps.

A lot too depends on your state labor laws.

Of course, a lot depends on when your probationary status ends too.

Might be worth a discussion with your company HR rep - not necessarily about enlisting, but about the details around what "probation" means as far as employment.

[JR189]

I have been working with them now for a year part time and 2 months ago I got hired full time with benifits and the whole rip. I am on probation for 15 months, even before i got hired I wanted to enlist but i kept failing the asvab, and had to wait a while but I finally passed when I got on full time. I was suppose to go up and enlist tomorrow but my recriter cancelled for thursday and friday, it's been a mess because my job knows about but some are saying go for it but others are saying to wait it out. I am very close to telling my recriter that I just wanna wait to be on the safe side, but I have a feeling he is gonna throw my package out and tell me to **** off(I have been going there for a while). In the end I will one day enlist but my gut is telling me the time is not now.