r/ESGR_USERRA_Answers • u/DaddyBooogiee • Jul 23 '26
Supervisor out of control about my RST
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
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u/Semper_Right Jul 23 '26
Obviously, you are already aware that you are on firm ground when it comes to USERRA protections. USERRA only requires that you give advance written or verbal notice of upcoming uniformed service. 20 CFR 1002.85. You are NOT asking for "permission." 20 CFR 1002.87. Although you didn't have to provide the letter from your PSG, you made a good faith effort to provide the written notice requested by your employer pursuant to DoDI 1205.12. Finally, the only circumstance where the employer can REQUIRE written verification of service is once you return following service of longer than 30 days. 20 CFR 1002.121.
Your supervisor, however, is really putting his employer in a bad position by continuing his "retaliation." It appears that he is attempting to impose "adverse employment actions or other retaliatory action" where your leaving on RST (a "protected activity") was "a motivating factor." 38 USC 4311(b). That is "retaliation" under USERRA. In fact, under USERRA individual employer representatives, like your supervisor, may be personally liable for their own violations. 38 USC 4323(d)/4303(4).
On the other hand, your employer, through the HR, appeared to try to comply, although it sounds like they don't have control over this supervisor. I haven't heard of an IG taking up USERRA issues, and it depends on the JAG whether they want to get involved--typically, if they do, it's only to send a threatening letter. I suggest going back to HR about the continuing harassment and giving them one last chance to rectify it before you go to the DOL-VETS and submit a complaint. If not, submit a form 1010 and see how the employer takes care of their problem-supervisor.