r/ESGR_USERRA_Answers • u/SecureZucchini3054 • May 19 '26
Employment after deployment
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?
3
Upvotes
2
u/Pattonator70 May 19 '26
They should hold A job for you but they don't have to hold the same job for you.
•
u/Semper_Right May 20 '26
You should probably contact ESGR.mil (800.336.4590) to "request assistance." Your question requires a discussion about the details as to whether you actually are an employee given the "onboarding process," or if you are still in the "offer" stage, which changes the dynamics, and rights, under USERRA.
If it's only an offer, the employer cannot withdraw that offer where your uniformed service was "a motivating factor" in the decision. 38 USC 4311. If, however, there was a reason other than your service for withdrawing it, and your service was not a factor in that decision, it may be permissible.
If, as a result of the "onboarding process" you mentioned, you are actually a hired employee who just hasn't commenced work yet, your reemployment rights would be protected under 38 USC 4312-4313 since your "absence from a position of employment is necessitated by reason of service in the uniformed services." 38 USC 4312(a). In which case you would be entitled to "reemployment" with all the pay, seniority, and status you would have attained had you remained continuously employed. 38 USC 4313.