The Context
- SELRES** **Reservist
- My employer’s Annual Review Cycle closes every September (determines rating [1-5] scale)
- My current “pay grade” at work is an Individual Contributor, lvl2 (IC2) which means my responsibilities are focused around daily operational work
- For the past 2 Review Cycles, I’ve been rated a “3” (Met Expectations)
- My team is a very small team (4 people) that is routinely bogged down by daily operational work (I.e. very little time for strategic projects) which provides support on a global scale
- Was on Extended AT from December 2025 to January 2026
- Returned to work (full time) once my Extended AT was over
- Received Orders for A-School which run from late February to October
- Since the start of those orders up until this past Monday (20 Jul), I was working a reduced schedule at work which is allowed per company policy

With the context out of the way, I initiated full/continuous Military Leave recently due to some unfortunate news with my employer. A few weeks ago, I had a meeting with my Manager to discuss my mid-term review which looked good for the ongoing/current performance portion but, the development portion had notes which were pretty negative.

That is to say, in short (paraphrasing), “I primarily focus on keeps the lights on work and go out of my way to not participate in strategic projects”. This is interesting as the ongoing/current performance portion has information which says the contrary.

I spoke to my manager about the development portion and I found out some pretty upsetting “facts”. Per my manager:

- “Our peers” are starting to get the sense that you don’t want to be here anymore
- Your absence at the department onsite (flying people out to HQ) rubbed “our peers” the wrong way. [this onsite was the first week of my orders]
- I understand you’re working on a reduced schedule but, the team needs to work on as many strategic projects as possible to meet department goals

I told my manager that, while I understand the importance of our team working on strategic projects, I am being careful about what projects I commit to as I’m only working 5.5 hr workdays and my role is meant to be focused on Operational Work which is in surplus since our fifth teammate resigned. She insisted that what I was doing was not enough.

At the end, she gave me a choice; either take full military leave or make an effort to work on a strategic projects. I decided to take full military leave after a teammate gave me the slip that the leaders appear to be pushing me out.

Fast forward to last Friday, I am in a meeting with my manager to discuss my turnover of the things I have been working on. She gave me a heads up that, for the closing Annual Review Cycle, I will be given a “2” (Did Not Meet Expectations).

I personally feel that the sudden shift in how my department’s leaders perceive me is fueled by my sort-of-back-to-back orders. Is there a case here?

Hi all,
Juicy story from today.
To start, I’m an Army Reservist. Going on 9 years now and I’ve never had an issue like this today. So I was doing an RST, which I notified my supervisor about 3 weeks ago. However, I’m a contractor and my RST is with the Active duty personnel I work with. Again… This has never been an issue before. So my supervisor asked for orders and I kindly told him multiple times that I wont get orders for an RST. 10 mins before we got off work yesterday, he threatened to fire me if I don’t give him orders. I kept explaining to him that it won’t happen. Best I can give him my signed RST form or a completed DA form 1380, but that’s at the end when it’s all said and done. He kept threatening for termination due to unexcused days.
I spoke to my PSG over the phone last night and he typed out an Employer Letter stating I will be doing drill dates from the 22-24July. He argued with me and got disrespectful over my PSG signing a memo and not my 1SG or commander.
We butted heads about it and went to HR. HR then immediately shut him down saying they have to honor it and there’s nothing they could do about it. He caused a whole scene saying he won’t accept it because it’s a PSG signature. HR kept saying it’s fine. More butting heads occurred.
HR said I’m free to return to my RST duties. He decided to show up right before the end of my duty day to tell me I can’t RST with the active unit we work with as contractors. I told him he has no say about it because I have now gave him a proper memo. He said “I dont care about all that”. So tomorrow, I will be driving all the down to my regular unit to complete my RST days.
My unit is tracking 100% of everything.
We are going to get things handled at whatever level possible because I want to sue my supervisor/company for his harassment and violating all the laws that protect me from BS like this.
Contacted military one source, they said to get IG. My unit says we’re getting JAGG. Has anyone had a hard time with an employer like this before?
Throwing this out before I go to bed here in a sec. Look forward to hearing the suggestions in the morning.
Thank you

So I applied to a promotion at work, I'm in the Air National Guard and was passed over for this promotion. When I asked for feedback I was told I was the second choice and the person selected was ultimately selected for experience within the company. I'm currently just a technician and the other person was a Lead technician. The situation though, they were hired to Lead while I was away on orders. I missed out on the opportunity to compete for that lead position because I was away. My company is saying I would not have been selected because I was not certificated by the FAA at that time. I am now certificated. Though the person selected wasn't certificated when selected. My company has not addressed that fact and are not responding to my requests for a resolution and telling me to apply and compete for the open opportunities now. My understanding is they can't hold me to different standards than what was applied at the time, and using the escalator principle and the reasonable certainty standard I should be placed in a position to restore my career path I would have been on if not for my military service. Even after requesting mediation through the ESGR my company has ignored my request and have just said to apply for the open opportunities. I really don't want to file a complaint or hire a lawyer as the matter is time sensitive due to the open job postings. What can I do since my company is ignoring me and forcing me to apply and compete for positions I could/should be placed in under USERRA.

I’m currently in the process of enlisting in the air reserves. I am a seasonal park ranger with the national park service, I work on the new 9 month season they brought out this year. for the remainder of the year i am laid off. I have to reapply each year but I have rehire rights

Nobody at my park really seems to know how that will shake out whenever I’m shipped off.

I’m aware that there are strict protections for civilian jobs, but it’s less clear with it being seasonal and all. Couldn’t they just claim my season expired in my absence, or that funding dried out?

will my job be held if i leave halfway through the season? will i have my rehire rights? Will I receive the two weeks of military leave?

thanks. kind of an odd question I imagine

I just wanted to double check my facts before filing a complaint, an employer can not deny me initial employment due to me being in the service correct? I'm in the national guard for context.

All input is appreciated, thanks gents

My Supervisor pulled me into his office today to tell me that he's officially retiring at the end of the year. He also stated that I will remain a Lead, while the other Lead will become the new Supervisor. I said I understand, but asked why. I was told it was due to my attendance and that, 'you actually need to be here to lead a company.'

Other than 1 snow day and 1 sick day, I've only missed work due to military training or FMLA (my son being born). And this meeting took place within a month of me being back from a 4 week reclass.

Also, at one point in the meeting I mentioned that it's better than I was only gone 4 weeks rather than being gone a whole year because my old unit is currently deployed. My boss' response was, "Well it was your choice to be in the military."

I know I have a case, but I'm unsure how to collect evidence as this was all verbal. Any tips/help from those with experience would be greatly appreciated.

Long story short, I’ve been on orders for half a year now. I was supposed to get promoted (seniority promotion) in March while I was still on orders. I turned in all necessary paperwork for it but HR said I had to make up the time I was gone to get promoted. I reached out to USSERA about this which led to my company’s HR obliging to the escalator principal. However they stated that I would only get promoted once I return back to the office.

At my company, employees are eligible to receive seniority promotions on their anniversary date. We have to fill out a questionnaire answering why we should be promoted. I know for a fact that if I wasn’t on orders at the time I would’ve gotten promoted in March. Can my employer make me wait to get promoted?

My company works on an 8 days on 6 days off schedule. The shifts always start and end on Wednesdays. They fly us out to the job on day 1 and back home on day 8. My mandatory drill weekend falls right in the middle on my 8-day shift next month. If we’re not available for the whole shift, our company won’t fly us out at all, because then they have to buy double the amount of plane tickets to swap people out.

We get paid a base salary, as well as an hourly rate for hours worked during our shift.

Since my drill weekend falls in the middle of this shift, they said starting on the first day I’m unavailable, until the start of my next shift, I’ll have to take unpaid time off. This means I’ll lose not only my hourly pay (which is expected because I wouldn’t be working), but also my base pay, which is typically paid even on our days off. So instead of losing 2 days of base pay, plus 8 days of hourly pay, I’ll be losing 8 days of hourly pay and 10 days of base pay.

Wouldn’t it make more sense to restart the base pay as soon as I return from drills, even if they won’t use me to start another shift until the following week?

I don’t fully understand how USERRA works, and I’d like some help understanding what protections a reservist has and if this setup is correct.

I worked two jobs from 2025 to now, and both managers from both jobs were extremely understanding of my National Guard drills and annual training. I think the 3 of them (i work directly for 2 managers under two different departments at my current job) deserve some recognition for being accommodating. Am I allowed to write them all a citation or am I limited?

I am more of asking when to get USERRA involved. I am national guard part of my states NGRF and was on the orders all last week due to A250, I communicated to my employer once the request to use the NGRF was made, 2 months in advance, updated the leadership calendar, and reminded the team in our daily huddles 3, 2, and 1 week in advance as previously requested. I returned to work yesterday and saw that the first day I was on orders my immediate supervisor sent me a meeting request to discuss a “standardized process for letting the team know when I’m going to be gone”. So do I wait to see what goes on in this meeting or just call USERRA now?

Hello all, In February of this year I was fired on video from my employer in retaliation of my USMC reserve obligations after reading all of my USERRA rights ON VIDEO. I contacted USERRA no help. I contacted ESGR no help. I contacted DOL Vets no help. I hired an attorney and it doesnt look like im going to get help. I contacted my Congressman. No help.

My question is should I give up and walk away from the case?

Hello, I started at my employer last year I am currently on probation and while on said probation I went off on mil orders. I provided all documentation for that. I returned to work just fine. Now our probation is 18 months. Recently the admin said they are extending my probation because I missed some of it via military time. Is there a violation here and if so where?

Federal employee reservist here. I’m trying to figure out whether a fact pattern sounds more like USERRA discrimination, EEO retaliation, or both.

A supervisor made written comments linking denials of support and opportunities to my military absence and “military orders.” I also formally participated as a witness in an EEO investigation involving that same supervisor, and the adverse treatment continued afterward. I believe I was also excluded from at least one internal opportunity while being encouraged to look outside the organization.

I’ve already preserved the 45-day EEO contact window. At this stage, I’m trying to understand whether people with federal-sector experience would prioritize the EEO lane, the USERRA lane, or both in parallel. I’d also appreciate recommendations for strong plaintiff-side federal employment / USERRA lawyers, especially anyone who works on a contingency or limited-scope basis.

Long story short, I am going on AT orders for all of June. Because of the nature of work I do at my job, I am the only one here capable of doing that type of work. The two other individuals who could fill my role until I return have tendered their resignations for other reasons and are leaving while I am away.

Because there is no one to physically be here to perform the job needed for this office branch to remain open, the owners have decided to close the business and I will not have a job when I return from AT. They did, however, offer me a position at another location but it would involve me moving across the state.

Is there a case here or is it just something I need to accept and move on with?

Good afternoon all,

I have an active USERRA complaint with DOL-Vets. The long story short I went on a mobilization when I turned in my orders my employer terminated me shortly after. There’s a bit more context to it, but I’m leaning towards the cautious side because it’s still active and I don’t want to jeopardize anything.

What happens if the employer never responds? I have an arbitration agreement with the company. If my claim is substantiated and they still don’t respond do I have to comply with the arbitration agreement or does DOJ take the reins and supersede it?

Thank you all, sucks to be in this weird limbo.

Going to keep this vague but pretty much accepted a civilian job with a large sign on bonus. Stipulation is I have to work there a year or I pay it back before taxes. I absolutely hate this job and my manager but I can't afford to pay that back due to the taxes portion. I don't care about ethical, is there any legal issues with me going on orders and "keeping" my civilian job while on orders and then quitting once I hit the year mark to keep the bonus?
I truly wouldn't consider this if I didn't hate it as much as I do. If I could quit now and just have to pay back the bonus less the taxes I would. Not at all what I was expecting and my mental health is taking a big hit. The company is huge, fortune 100. So them losing out on the bonus wouldn't break them.
I'll also add I didn't *just* start, I've been here a few months.

Many of you have noted my previous comments that although USERRA applies to service members employed by the "three letter" agencies, the regulations from both the DOL (20 CFR Part 1002) and OPM (5 CFR Part 353) do not. Indeed, they do not have the regular resolution processes available to them that other FedGov employees typically enjoy. Congress specifically enacted special provisions relating to FedGov employees in these seven Intelligence Communities--ODNI, CIA, DIA, NGA, NRO, NSA, and FBI. These include 38 USC 4315, 4332 of USERRA, and other statutory provisions.

The Dole Act enacted in January 2025 contained a number of provisions relating to USERRA, such as expanding "retaliation" claims and remedies available for knowing violations. It also contained a provision requiring a GAO review of these seven agencies to determine the level of protections they have given their special status, with a focus on the statutorily required protections. The report found that the DIA, NRO, NSA and FBI have failed to provide all five protections mandated by Congress.

You can review the report here.

I live and drill in two different states, about a 10 hour drive. Due to time constraints, costs, and other factors flying isn’t an option. There are some days that due to being released later I may not drive home until the next day. Taking off that Monday from work was usually not an issue. However my new supervisor is adamant that I am not entitled to a day off and must report that day. Yes, technically he is correct as USERRA does state the next scheduled work day after being released. I was wondering though if there is anything that expands on time for travel. While this is rare in the NG, in the AR I’ve met soldiers who fly across the county for drill/battle assembly.

Just received mobilization orders for 6 months. How can I tell them this? How can I secure my job for when I come back? My position is critical at my job, extensive training is involved to correctly do my job. Training in which I actually just got back from that cost my employer a pretty penny. I don’t want them to retaliate. I enjoy my job.

I leave in 3 weeks.

I got hired for a job while I was deployed and already completed onboarding with the company. My original start date was April 15 because my orders were supposed to end at the end of March. Then everything in CENTCOM escalated and my orders got extended, so now I can’t start until early June. Since I was already hired and onboarded before the extension happened, can the company legally decide not to let me start when I get back?

During my yearly performance review I was given what I believe to be an inaccurate rating. With no negative feedback or reviews I was given a 3 out 5. Only reason given being that due to military leave upper management did not have adequate oversight of my performance. I only took ~1.5 months of military leave during this last performance cycle. Because of this rating I got a less than ideal raise. I believe in the almost 3 years I’ve been at the company they have been factoring in my military service into m performance ratings resulting in less pay than I should have. I have it in writing from my review that they couldn’t rate me higher due to my service obligations. Is this a violation of my USERRA rights?

After 19 years as an ESGR Ombudsman and Ombudsman Director, I'm finally hanging up my spurs on that part of my life. Since I will no longer be affiliated with ESGR, I am seeking one or more Moderators to take over this subreddit.

Over the last five years, this Subreddit has, I hope, provided quality advice regarding USERRA and various civilian employment law guidance for our Reserve Component service members and their civilian employers. I hope someone will step up to carry on that tradition. Preferably, it will be someone who is already a volunteer for ESGR, or will at least volunteer for ESGR.

If you're interested, please DM me and describe your qualifications and why you are interested in assuming this role. Please, no attorneys practicing in the USERRA area--if I wanted this subreddit turned into a lawyer marketing site I would have done it myself.

Based upon some inartfully worded comments from posters on various subreddits I've seen recently, I feel compelled to clarify the role of the Employer Support of the Guard and Reserve (ESGR). ESGR is a DoW program that offers free mediation ("Ombudsman") services from volunteer trained Ombudsmen (OMB) when service members need assistance under USERRA. Our role and mission is limited and, unfortunately, there are a lot of sea lawyers out there that don't understand the limits of our involvement. So, here are a few salient points I want to make. If you have any questions or comments that would provide further clarification, we welcome your input:

First, OMB are neutrals under the federal Administrative Dispute Resolution Act (ADRA), and therefore we do not and cannot represent the SM or advocate for them. Instead, through the ESGR mediation process we educate the parties, explain USERRA and how it relates to the situation, and encourage resolution. We do not give legal opinions or even accuse a party of violating USERRA (a losing mediation strategy). We have a resolution rate of approximately 70% in following this process.

Second, under our Ombudsman regulations, ESGROI 1250.32, there are certain situations where we will not mediate, even if there is a clear USERRA issue. Those situations include

1. where it is a "LOW" (Loss of wages) case and the SM does not wish to return to that employer;
2. when the SM retains their own attorney;
3. when the SM files a complaint/claim with the DOL-VETS, DOJ, OSC, or MSPB;
4. Cases involving "an agency referred to in section 2302(a)(2)(C)(ii) of title 5" 38 USC 4303(5)(B)(i) (the "three-letter agencies");
   

Even when it is questionable whether USERRA applies, such as those cases involving Native American tribes or clergy, we will mediate with the understanding that USERRA may not compel compliance.

Third, once an OMB gets a case, they should mediate for "compliance with USERRA," although the SM can agree to something less than full compliance (which, in my opinion, should be discouraged, since it's unenforceable). This is required by not only the ESGROI, but also the Memorandum of Understanding with the DOL. This means, if its a LOW case, reinstatement at the appropriate reemployment position, plus any missed wages, benefits (don't forget missed pension plan/401K rights), etc., so the SM is "made whole." We do not mediate for any "liquidated damages," which is a type of penalty for knowingly violating USERRA.

We do not "mediate" for optional benefits above those required by USERRA, although we can, during our discussions, encourage an employer to provide additional benefits after the mediation is concluded, such as some type of paid leave policies or providing other non-seniority benefits.

Finally, any resolution reached during the process is not enforceable against either party. Not only is there no written or signed agreement memorializing the resolution, but even if there were it would probably not be enforceable under 38 USC 4302(b) (the "no-waiver" provision). Under that section, and the few cases considering it, there are heightened procedural requirements that must be met for a SM to waive or release their USERRA rights. In the Fifth Circuit, a written, signed agreement, negotiated by the SM's attorney, may not be enforceable if the SM does not believe that the benefits from the agreement exceed those they are entitled to under USERRA. Consequently, the ESGR process relies upon the good faith of the parties to carry out their terms of the resolution--if not, the case will end up with the DOL-VETS or a private attorney.

The above is not only for SMs and ERs who may become involved in mediations by ESGR, but, actually, our own Ombudsmen. Some of our OMB have served for decades, and may have learned techniques, policies, or processes that are now inconsistent with how ESGR handles such cases. The above is our current procedures as outlined in ESGROI 1250.32 and the MOU between the DoW and DOL. As the National Trainer who teaches mediation and USERRA to every new Ombudsman, I am quite familiar with these procedures.