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Courtesy Andrae Evans
Andrae Evans in Kandahar during humanitarian patrol in 2009.
Members of the National Guard and Reserve sign up to serve our country as needed, and when they return home many expect to find their civilian jobs waiting for them.
Unfortunately, that’s not always the case.
Tim Hack
Adrae Evans with his daughter Ariel, wife Kristin, and son Gabe, before his 4th deployment.
Andrae Evans was an insurance sales manager and a member of the New York Army National Guard in 2004 when he was deployed to Iraq. When he was released from active duty in 2006 his former employer, MassMutual Financial Group, would not reinstate him to the position he left behind.
“I hoped to work things out with MassMutual and believed, wrongly, that they would do the right thing,” said Evans, who's been unable to find work and recently took on a temporary National Guard assignment. He is now in Bagram, Afghanistan, and is suing MassMutual. The company says they were not required to reinstate Evans because he was an independent contractor, not an employee.
In another case, a prosecutor for the Baltimore City State’s Attorney’s Office, Andrew Gross, signed up for the U.S. Army Reserve in 2009, and when he returned from a six-month military training program found his job wasn’t waiting for him when he returned.
“I was told I’d have to go to the back of the line to get my job back,” said Gross, who sued the State’s Attorney's office and settled the case late last year.
Mark Cheshire, a spokesman for the state’s attorney’s office, said the new state's attorney inherited the case from his predecessor and moved “to resolve the matter in an equitable fashion" when he took office.
National Guard and Reserve soldiers have faced numerous deployments and calls to duty during the years of war over the past decade, and many have returned to find they no longer had jobs they expected to return to. Some contend they have faced discrimination on their return, or retaliation for their military service.
Such actions are illegal under the Uniformed Services Employment and Reemployment Rights Act, or USERRA, which is supposed to help protect veterans when they return to the workforce.
Complaints brought under the law have escalated in recent years, mirroring the number of guard and reservists returning to their civilian lives.
Employer Support of the Guard and Reserve
Number inquiries from vets regarding USERRA and total number of cases taking on by the government.
According to data from the Employer Support of the Guard and Reserve, inquiries under the law started to skyrocket in 2010, more than doubling to 34,612, compared with a year earlier. The number of Guard and Reserve members who came off active duty during 2010 also spiked to 91,931 from 48,702 in 2009 before dropping to 45,968 last year, according to the Defense Department.
The number of USERRA complaints also dipped to about 30,000 in 2011, and shows signs of leveling off so far this year. But many veteran advocates expect the problem to continue as the drawdown from Afghanistan proceeds.
“I think as the wars have gone on it has challenged, both spiritually and pragmatically, civilian employers' approach to USERRA,” said Ward Carroll, editor of the Military.com website and blog.
While he’s empathetic to employers who’ve had to function without key employees during their deployments, he stressed the importance of complying with the law.
“It’s part of your duty as an American employer to comply with USERRA and help citizen soldiers,” he said. “Between now and 2014, these challenges to USERRA will continue.”
Steven D. Silverman, the attorney who represented Gross in his suit against the Baltimore City State’s Attorney, said he’s seen a doubling in USERRA claims in his practice over the past year. “I attribute that to the economy and ignorance of the law by employers,” he said.
Indeed, a March survey by Iraq and Afghanistan Veterans of America found that nearly 40 percent of veterans polled felt their employer didn’t have enough information about their rights under USERRA.
Gross said he doesn’t believe his managers wanted to undermine military service. “I think if they had an understanding of the law this wouldn’t have happened,” he said.
In the case of Evans, who worked for MassMutual, his complaint is that he was not reinstated in the higher position he got before being deployed, said Michael Macomber, an attorney with Tully Rinckey who is representing him. The law, he noted, doesn’t just call for hiring employees back, but also keeping them in a similar position.
MassMutual said in a statement it is “fully complying” with USERRA and will “vigorously defend” its position in court.
A tight job market has exacerbated the problem in recent years, agreed government officials and legal experts. The unemployment rate among veterans who've been on active duty since September 2001 was 12.1 percent in 2011, compared to 8.2 percent overall, according to the Bureau of Labor Statistics.
Of course while business conditions may change, most employers want to do the right thing and comply with the law by hiring back returning veterans.
“I believe our employers by an overwhelming vast majority are living up to their responsibilities under USERRA," said Ronald Young, director of family and employer programs and policy in the Pentagon’s Office of Reserve Affairs.
While Young acknowledged some of the uptick in USERRA complaints might have resulted from employers skirting the law, a big chunk had to do with better tracking of cases and more outreach to employers and employees by the government.
His agency recognizes employers that do a good job supporting National Guard and Reserve members by awarding them the Freedom Award. This year Intel Corp. made the list.
Courtesy Mark Miera
Mark Miera
“We have tools in place to help managers fill temporary positions for whatever reason the position is open,” said Lisa Malloy, a spokeswoman for Intel, which employs 100,000, including about 3,000 who have been in the military.
Mark Miera, 43, a National Guard member in New Mexico who’s worked for Intel for 18 years, has had two deployments since 9/11, including a stint in Afghanistan that ended in December.
When he was overseas colleagues messaged him about a position as manager of construction at Intel, and before he came back to work he ended up with a promotion.
“Intel has always moved beyond the requirements of the law,” he said. “They don’t question protecting veterans returning from war and their positions.”
(For more on this issue, join a live web chat Wednesday at noon ET with Randy Plunkett, Military.com's government relations and community director. Click here to join the chat.)
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Leave a Comment:
I worked for this company and I hope they can nail MassMutual for not giving this guy back his job. They have probably already given the job to someone from Mumbi. Companies like these are treasonous! They do business here in the US but have no loyalty to the US or it's people.
When i got drafted in 1966 it was a law you had to get your job back.
Makes you wonder what has happened to America's priorities. There is no longer any honor. It is ALL about profits. I want a change, I want the Good America back. This is disgusting.
it still is the law frank these companies just ignore it is all. after all why not they are now protected by the supreme court and our politicians ( both republican and democratic).
Shameful. The middle class fights the wars, they pay for the wars, and they suffer the consequences. The rich don't fight the wars (see Romney family military record - if you can find one), they profit from the wars, and they reap the benefits. What stinks about this picture?
Dear Vets - Obama has given your jobs to illegal aliens. He needs their vote and cares not for your service.
Simplistic hogwash.
Another GOP fountain of spew....
i think your missing the fact naz that these companies are not following the law and giving these vets their jobs back. this is not about illegals but corporations not being afraid of the consequences that might occur for their illegal actions.
This just shows you how some business's are against the military this law has been in effect for a very long time so you can't tell me they didn't know about it Hell I have been in the military for 22years and it was enforced when I joined it is just more BS that business's use. We protect this country and we don't deserve to be treated like this Hell you can't tell me that a State Attorney office didn't know or understand the law that's Bull@!$%#.
You can tell it is a election year, but will the voters do what the post about. ???Changing the people in office, Both parties the democrats and the GOP can't find any one to run who is worth a darn,,,, They just pick Puppets who say yes to the party big shots.
Dea rfellow vets it's the 1% who have shipped all our jobs overseas! And these soulless,immoral,greedy bastards vote GOP. remember who's truly screwing you! Notice these wealthy GOPers never serve! These are the same people who when you return from active duty have eliminated your position! FACT!!!!!!!!!!!!!!!
Who wants to lower or eliminate benefits for my fellow vets? The GOP! GOP=Greedy Old Pricks! They say they support the vets,but in reality,they don't! And you wonder why their children never serve?
Try to run a company when an employee gets called up 2 or 3 times in 10 years... ain't going to happen... but then Dick C. and Bushie said it was a simple war with no cost. Good luck.... trillions and still counting....
The costs of both wars were never documented and included in any of Bush's budgets. Obama shouldered the costs and included them in his first year budget. Now the GOP points at that spending and blame Obama for soaring deficit spending.
When will voters wake up and realize that most of our deficit spending and debt came from the party of no?
actually you can still run the company you simply just have to hire temps from a temp company to fill their positions. you cant give these corporations a break because a person had to serve for a long time or do multiple tours. there is no excuse for their actions.
http://www.zerohedge.com/news/guest-post-economic-abuse-veterans-america
Obama just gave what few jobs are left to the illegals for a vote ...arent you proud of him now?
Simple spin from simple minds...
And you just cant stand the truth ...can you simple mind?
joe this is about corporations not following the law it is not about illegals. corporations nowadays feel they are above the law. you can thank many of the supreme court rulings for that.
You say "Terrorist , freedom fighter its all a matter of perspective?"
Are you seriously that daft?
You would equate the men and women who fought and died to create and protect this country to sand eating camel humpers who strap bombs to themselves and purposely blowing up women and children?
If you can't tell the difference between a Terrorist and anything else, I'll foot the one-way ticket for you to visit a nice sunny spot in the middle east where you can get an education.
"matter of perspective" my ass. You need some "perspective", alright. A heavy dose of it.
"You would equate the men and women who fought and died to create and protect this country to sand eating camel humpers who strap bombs to themselves and purposely blowing up women and children?"
NO I equate that the terrorists (THE STATE OF ISRAEL) are sending our children off to fight the "sand eating camel humpers"
Do you have an issue with the Semites? Camels ,or humping? You really shouldn't be allowed to breed if you will produce children who belive that crap.
I am equating that the veterans have been CONNED to fight another country's war.
Someday you should try thinking? Who benefitted from 9/11? sure wasn't the ARABS and Islam ? But the jews scored a big one to get the USA to fight for them didn't they? I think you should enlist or re-enlist as soon as the terrorist state of Israel gets us into war with Iran that way you can go kill some camel humpers?
Oh yeah we just send drones to bomb militants and whoever happens to be near them when the POTUS decides to kill them. That would be WOMEN and CHILDREN camel HUMPERS.
There is a federal law on the books that guarantees a returning military person the same job that was held when they went on active duty. This law states the Attorney General must personally take charge. The C.O. must know about this. Don't give up.
After I finished my tour of service, I came back home and found my old boss looking for me. I was just someone who delivered furniture for a man in Merced, Ca. He tried his best to put me back to work, but I wanted to return to school and better my life. He understood and wished me well. He treated me like a son, and trusted me completely. I always looked forward to our visits over the years. His name was Kenneth LeBarts. And by the way, not only was he a proud Vet, he survived the Bataan Death March. He is now gone, but I'll always remember him. Kenny, thanks for your service.
Another proud Vet
Texas Chuck
All: as a veteran I believe that any c ompany government organization etc, that attempts to negate it's resposibilities shoud not only be held accountable, but those whom believe they are above the law shoud be criminally prosicuted!1 There are laws on the books that exist but are not being utilized. convict a couple of them...and the rest of the pompus merchants et al will fall in line!!
If you illegal Obama will make sure you have a job now.
I support our veterans (Though not always what they're sent for), and I think reality needs to set it. 6 Months I think is reasonable and that guy should have gotten his job back. But 2 years? That's just not realistic. Especially in this economy! If you're working for the Government, than your full time job that you should be looking for should be with the Government. If you work in the private sector, you can only expect them to be SO understanding. Though it's honorable, YOU still made the choice to go! Not having the same job available when you come back has to be a risk one comes to grips with.
sorry opin but it is the law that they recieve their job back. the company can hire a temp employee for the time needed while the veteran seves, there are plenty of agencies out there for them to use.
The government has no business dictating who an employer has to hire. It's someone else's business - if you don't like it, or if they discriminate against you, go start your own. Don't whine that someone else isn't giving you what you want. It's time for personal responsibility, not government welfare.
But these very same companies will spend millions on the candidate of their choice to change the laws that will benefit them to make more money and put the public at risk.
How sad. These cheapskates find a way to NOT pay taxes and then refuse to re-employ the folks that are fighting for our country. Even if we don't agree with the policy that has given us an extended war, the folks that are sacrificing to fight for us deserve, dignity, respect and appreciation. I was in Vietnam and understand being rejected for national service and I had hoped we had grown beyond punshing the warrior for the war, I also spent 40 years in the corporate world management positions and understand the profit motive. But I also know that pigs get fat and hogs should be slaughtered. We should stop doing business with companies that disrespect national service.
This is plain and simple "BULL @!$%#!!!!!!"
I have seen first hand the aftermath of this. I watch young men working minimum wage jobs with the scars of war on their bodies and most assuredly in their minds. One man I'll never forget. With tears in his eyes at a eff-en Home Depot trying to explain his tattoo and who the names were on the LIST. I have worked with a combat vet who lost his house and marriage on his first deployment only to be re-deployed. And whats waiting for him when he gets back? Burger King???????
I love my country, but shame on you America!
All the more reason for a universal draft, and I do mean universal. Everyone at 18th birthday or after HS graduation must be required to enroll for some type of service. Only those with SEVERE mental and physical handicaps would be excluded. Otherwise everyone can serve somewhere, somehow. In soup kitchens, in hospitals, in schools, even the armed forces. Minimum of 2 years. We have a crying need for people to serve in so many capacities.
No more Cheneyisms "I had better things to do" than serve my country.
I just want to say this about Intel. I worked for them for a 1 1/2 years. It was an excellent company to work for and it did treat it's veterans in a very fair fashion. Keep up the great work Intel!!!
As a hiring manager, I have trouble finding qualified candidates ... and most of them are on a visa. We need more diversity, more ways of looking at things. Are there any agencies that include placing veterans? I need a data architect, someone that knows how to support supply chain / logistics analytics.
that would be anyone that did a supply job in the miltary steve. you should look for one of them you wont be sorry.
Our latest initiatives to put veterans back to work are great to turn around what is has been a historically bad situation for this population. As it is now young veterans have an unemployment rate of 29%, and with the May jobs report being so weak(), they will face a lot of challenges as the economy tries to pick itself back up against a number of odds. We should be doing everything in our power to make the transition from military life to civilian life easier for those who have fought so hard for us already.