ARLINGTON, Va. - Spc. Tom Rhine of the Minnesota Army National Guard remembers the briefing he got about Employer Support of the Guard and Reserve (ESGR), but he wasn't thinking about mobilizing just then.
Besides, he thought the law only applied to large businesses, not the small family run supply store that he managed. When his unit was alerted, he knew his employer wouldn't be happy about it; so he didn't tell him until two weeks before he left for his deployment.
His employer was mad, not only because he was leaving, but because there was no time to hire a replacement. When Rhine returned from his deployment, he didn't even try to go back at the supply store and was out of work for a long time.
1st Lt. Dave Granger saw the layoffs happening in his trucking company and figured it was just a matter of time before it happened to him too.
To avoid a layoff, he volunteered to deploy with a unit that was going to Iraq thinking he would be safe for a year and that his company would have to rehire him once he got back.
When he returned, he learned that the law was not on his side; he felt betrayed and confused and blamed ESGR for not helping him.
Both of these scenarios are typical of the cases reported to ESGR. "If we could eliminate just one of these misunderstandings the number of cases reported to ESGR would be significantly reduced," said Curtis Bell, Director Ombudsman, National Committee for Employer Support of the Guard and Reserve (NCESGR).
Members of the reserve components must understand the law and how it applies to them. Only then can they protect themselves from potential problems.
Reserve personnel must provide notice to their employers in advance of their deployment. ESGR recommends that the notice be provided "in writing" and if at all possible at least 30 days in advance of the deployment.
To assist service members with this task, ESGR posted a sample Deployment Notification Letter and Military Leave of Absence Form on www.ESGR.mil under the resources section. Service members complete the blanks and provide the completed documents to their employer. These documents provide the employers with need to know information, to include ESGR contact information.
The Notification Letter also functions as a tool to start the sometimes difficult communication process between the military employees and their employers. Typically, it is a lack of open communication especially in the initial stages that leads to late notifications and increased friction between military member and employer.
"The employer may be angry that the member is leaving; but waiting to tell the employer only makes things worse," Bell said. "By starting the process early and by providing timely written notification, the military member can reduce the chances for problems later on."
Both documents also provide employers a resource should they have USERRA related questions. It's important that the service member and the employer sign and retain a copy of these documents should the need arise to substantiate facts at a later date.
Despite the recent economic situation, service members must know that they are not protected against economic problems and resulting effects. If a company conducts lay-offs, closes a branch, or goes bankrupt, service members may lose their job as a result.
USERRA does not protect service members from this type of job loss. Conversely, employers must ensure that their decision to lay-off the employee is not solely based the employee's association with the military.
Equally, service members must consider the impact on their employer when volunteering for military duty. Unit commanders should monitor for repeated or frequent requests to volunteer for military duty.
Eventually, the service member will return to their civilian employment and should therefore strive to maintain a positive relationship with their employer. Commanders may consider requiring their troops to provide their employers with timely notification documents.
As such, military members would comply with the advanced notification rule and the military unit would have the added benefit of conducting positive employer outreach.
A Department of Defense (DoD) organization based in Washington, D.C., NCESGR encourages military members to create "win-win situations." Service members should consider their employers as a strategic partner who supports their efforts to serve our nation.
One effective way to bring employers into the partnership is to encourage them to sign an ESGR "Statement of Support." Another way would be to link the company or business website to the ESGR site. This link would then provide company management and supervisors with easy access to the employer resources offered and to ensure their company is in compliance with the law.
These two very easy steps let the employer know they are doing their part in support of the nation by supporting their military employees. .
The mission of Employer Support of the Guard and Reserve is to develop and promote a culture in which all American employers support and value the military service of their employees. ESGR does so by recognizing outstanding employer support, increasing awareness of USERRA and by resolving conflict through mediation.
One of the objectives to support the ESGR mission is through employer recognition programs such as the Secretary of Defense Employer Support Freedom Award. This annual award is the U.S. Government's highest recognition given to employers who provide outstanding support to their employees who serve in the National Guard and Reserve Forces.
For additional assistance with employer-related questions relating to ESGR or USERRA, visit Employer Support of the Guard and Reserve (ESGR) at www.esgr.mil, or call 1-800-336-4590.
Editor's Note: All persons referenced in the story are fictitious. The story situations are based on data collected from the ESGR call center. Due to confidentiality issues we can't use real names or places.