Servicemember's Civil Relief Act protects job while you come onto Active Duty ?

[jake0121_805_pride]

I came into the Army in August of 2006, before then I was working for UPS for 4 months. I gave them a copy of my orders from MEPS and they put me on 3 years military leave. I asked my prior location I worked at if I can come back to work but I have to re apply and was told I was terminated though all I have paper work wise is pay stubs and 401K information. Should I have JAG help me or just look elsewhere ?

[SailorDave]

Do you have anything in writing from UPS that said you'd be on military leave for 36 months, and did that expire before you re-applied ? If not, you'd be better re-applying. See if your old boss can give you a letter of reference.

[jake0121_805_pride]

I have a email that I was CC'd on and my ID card from them thats it though

[SailorDave]

Short of a written agreement or something more definitive, I'd say you're SOL. You could show them the email and see if they'll do something with it, but I doubt they will. The SCRA is designed to give you protections from civil actions. I don't think it covers your job when you voluntarily leave to join. I couldn't find anything in the text of the act that describes job protections. For that, I think you're referring to the Uniformed Services Employment and Reemployment Rights Act (USERRA). You can find some good info here. It's designed to cover Reserves and Guard members called to active duty as opposed to someone who leaves their job of their own accord to enter military service. You may still have some rights under it, I just don't think so.

[MPA]

Originally Posted by jake0121_805_pride

I came into the Army in August of 2006, before then I was working for UPS for 4 months. I gave them a copy of my orders from MEPS and they put me on 3 years military leave. I asked my prior location I worked at if I can come back to work but I have to re apply and was told I was terminated though all I have paper work wise is pay stubs and 401K information. Should I have JAG help me or just look elsewhere ?

Being an employer I can tell you that the proper way to handle such things is to first submit your orders to your boss and HR/Personnel person. Second, you need to follow up with them from time to time, usually they will tell how to do this. The reason is so that they know you are coming back or not. Finally, the employer is only required to keep a similar position, not your old job. So if you were a driver, you could end up being a loader when you come back.