E-mail updates
Follow on Twitter
Subscribe to RSS
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.)
More money and business news:
- Boardrooms the next battlefield for gay rights
- The world's most reputable companies are ...
- How much wedding will $20,000 buy?
- Flint tops list of most dangerous U.S. cities
- That bundle of joy will now cost you $234,900
- Video: Why more grads are moving back home
- Sign up for our Business newsletter
Follow msnbc.com business on Twitter and Facebook
Leave a Comment:
Just another day in Obama's America.
6/20/12
35,000 Single American Males were DRAFTED into the Army & Marine Corp per month
1967-1971. 70% of Vietnam Veterans were DRAFTEES. Most served a One Year Combat Deployment then they were Done. They had Done Their Share, it was someone else's turn to serve.
The American Warrior of today serves Combat Deployments year after year after year. & to Be Honest, I don't know How in the Hell they Do That ?
During the Nam Generation, 3 Combat Tours was very unusual. You were either Wounded or Dead after 2 Tours. No One Survived multiple Combat Tours that Today's Generation must endure. Damn this Generation is TOUGH !
HIRE IRAQ & AFGHANISTAN VETERANS FIRST !
SPW in Alaska "Airborne" Drafted July 1969
USA should have won in the first year instead of a stalemate after 11 or 12 years. A $170 billion a year is still being spent in both countries plus what is unpublished. A year!
They were returned to their local units after high paying non taxable military occupation pay with 8-9 claims each against VA for disability payments that will total trillions for the next 40-50 years. They were volunteers and knew that this was a opportunity to make or save some money but that they would have to play catch-up to their high school graduating classes in the civilian jobs. Meanwhile, 10 to 12 million legal immigrants have been allowed in by congress and these people had to go to work somewhere while the others were doing whatever they did. Moral of the story is fight to win and win quickly. No nation building. Sidebar, "Has Pakistan allowed the convoys through yet?" Did they get the $5,000 each truck they demanded for passage to Afghanistan? What a mess?
Oh, we thought someone sent you a email about the legal immigrants taking your jobs. Really sorry about that.
It's a Simple reason to understand this, He's a Black Man! Corporate America and most small businesses are White owned or run. Those that do not serve their Country are the first in line for Tax Breaks and Corporate Welfare.
racist A&&
Mr. Miera, learn how to properly wear the uniform prior to posting yourself in it on a website that probably gets more than a million hits a day. You should know as an officer you're not authorized to wear the German Schuetzenschnur. Go Guard.....
What a eye RobertF I am impressed
The decoration is awarded to German military personnel of all grades, but is only allowed to be worn by enlisted members. The German armed forces regulations point out, that "the Schützenschnur is a decoration for weapons proficiency for enlisted soldiers." Officers can receive the award, although it is not currently authorized to be worn on their uniforms. Foreign military members also may be awarded the badge, the German military regulation on officers still applies, permitting only the enlisted members to wear the badge.
Looks like the troops are well fed. I thought they had to exercise and run all the time?
“I was told I’d have to go to the back of the line to get my job back.”
Congress needs to step up and show men and woman in uniform that they've
got their back.
The private sector can create jobs faster than the government with efficient access to capital, but the government has to ensure capital markets are worthy of the public's trust.
With more than $4 trillion in cash setting on the sidelines, it should come as a surprise to no one why the economy added only 69,000 jobs in May and unemployment grew to 8.2%. The fact is, Americans no longer trust Wall Street, which reflects negatively on federal banking and market regulators tasked with protecting investors.
Please sign the petition to the U.S. Senate Banking and House Financial Services Committee asking for improved oversight of federal banking and market regulators.
To read more about what we’re trying to do and to sign the petition, click here:
http://www.change.org/petitions/u-s-senate-banking-and-u-s-house-financial-services-committees-use-technology-to-provide-oversight-of-u-s-banking-and-market-regulators?share_id=HTpDoOQNJgpe=d2e
It'll just take a minute!
suckers for serving the empire and thinking the empire gave a rat's a$$...
“I was told I’d have to go to the back of the line to get my job back.”
Congress needs to step up and show men and woman in uniform that they've
got their back.
The private sector can create jobs faster than the government with efficient access to capital, but the government has to ensure capital markets are worthy of the public's trust.
With more than $4 trillion in cash setting on the sidelines, it should come as a surprise to no one why the economy added only 69,000 jobs in May and unemployment grew to 8.2%. The fact is, Americans no longer trust Wall Street, which reflects negatively on federal banking and market regulators tasked with protecting investors.
Please sign the petition to the U.S. Senate Banking and House Financial Services Committee asking for improved oversight of federal banking and market regulators.
To read more about what we’re trying to do and to sign the petition, click here:
http://www.change.org/petitions/u-s-senate-banking-and-u-s-house-financial-services-committees-use-technology-to-provide-oversight-of-u-s-banking-and-market-regulators?share_id=HTpDoOQNJgpe=d2e
It'll just take a minute!
I sadly see most of you posting on here either something about the right wing or the left wing. This has nothing to do with either, its about veterans and taking care of them. Almost none of you seem to recognize that.
It may or may not be that MASS Mutual acted within the law, but they clearly did not act in the spirit of the law, nor did they do the right thing by this veteran. I see you all posting in here about your outrage over one party or another, but how may of you are writing to MASS Mutual or calling them and directing your anger where it actually belongs? I am guessing zero.
You want to support a veteran? Then try actually doing it instead of posting nonsense on a website and sitting in a pile of your own smug self assurances that you are in the know, when really all you are is a big mouth, and we have more than enough of those.
that and write or call your congressman start demanding what is being done about this.
I can understand if the company is so small that they can't "hold" a job for that long or simply that they can't afford to pay the serviceman and the replacement....but at least he should be the first new hire...and at least starting with his former seniority and pay.
They aren't released from combat and instantly off the armed forces payroll...they know ahead of time so if they contact ex-employer asap, there should be little gap, if any.
After all, it is voluntary, they DO get paid for reserves and should expect to be called up if a republican is president...but every effort should be made to accomodate them.
amazed they dont have to pay the serviceman while he is on duty overseas. it is very easy to replace someone by using a temp service. using a temp service is also usually cheaper then paying the actual employee that you are using as you dont have to pay into a 401k account or provide insurance for them.
I'm sending an email to everyone in my address book with a link to this story. I'm also posting the link on my facebook. I encourage everyone to do the same.
Let's all tell the world how MassMutual treats our veterans. I also left this same message on the MassMutual website.
MassMutual = scum. Boycott MassMutual.
yeah, play ball with the govt long enough and your final reward will be to have the bat shoved up your a**
Americans..........support America! If the corporations such as MassMutual do not support you.........do not support them.
Many kudos to INTEL!
To the chopping block with mASS MUTual... they will vigorously fill Andrae Evans bank account with a settlement.
I'm not a fan of government intervention in personal matters. However, when a soldier leaves his employment to serve the country, the country has an obligation to restore him/her to a similar position when he or she returns.
Clearly, most companies can't afford to simply leave a key position open for a soldier, and perhaps the government needs to have some sort of job bank system to help both the soldiers, and the companies.
Unfortunately, our current Federal leadership seems to only believe in punitive actions, not constructive ones.
Stop blaming the wrong people !! the current administration did not take these people to war, republicans did and they are the only ones you should blame !! They took your country to an illegal war on LIES !! And you are ready to throw away an administration that did not lie to you and did not take you to wars for personnal interests ?
You and so many like you are truely stupid, you really deserve to get what you got !
Wow a Euro wh0r3 posting on an American problem! Shut up. Take care of your problems, ie muslims burning your cities etc. We got into your racist wars in the early 1900's You didn't mind then. How many American soldiers are we burning in our tanks today. In your facist country and ours? I dont mind retarded people, just those who are smart enough to post on th internet. I look forward to our dead being brought back to the US from ungreatful socialist nations to my home soil to be proberly buried.
Was that good enough for you MSN? They can say what they want about us, yet we cant reply! you farging b@st@rd$ An American Vet who's right's have been restricted by MSN.
actually letusreason they can afford to do that. temp services are available for these corporations to use to fill the position of a deployed soldier. what these companies are doing is hiring a new person at a lower wage so they can scam the system instead of following the law.
DB, as you like to say "half truth". You conveniently want to ignore the half you don't like and make the half you like pretend to be the whole. Both political parties have sold out for money. They have become whores to the rich that supply them with the funding to remain in office. This is not what the country's founders envisioned....career politicians spending millions of dollars to get reelected. You seem to be in serious denial of what is going on.
I think the rich who start the wars in the first place should personally have to pay into a fund that pays lifetime pensions for all combat veterans.
Or make major corporations choose to pay into veterans pensions, or hire them into a mid-level position.
About $4,000/month should cover it for each veteran, whether or not they ever find work.
The funny thing is when the riots start breaking out here, we'll have military combat veterans on our side......gotta be scary to be a riot cop.
the private sector is not about to follow anybody's law pertaining to veterans receiving their jobs back when returning to war. that is a major expense to the corporation. the private sector can easily break laws because the govenmnet allows it. your elected odfficials will not do anything about it because they bankroll the elected official. piece of advice people! do not volunteer for anything!
Smart companies do what ever is needed to make our verterans welcomed back home after serving. When I was in charge of our company's policies for national guard and reserve members, I worked with the owners and we had a policy of paying a standard base salary, plus maintaining health insurance, life insurance and 401K for all service members while they were serving. With 2000 employees working, over 10 years that the policy was in place, only one employee ever had to take advantage of it. We did not have to do it, we just felt it was the right thing to do. It allowed the employee to go to war (he did a tour in Iraq) without worry and his family to not worry about health insurance or paying bills. The total cost to the company was less than $25,000 and the employee came back to become one of the top producing sales people the company ever had.
Mass Mutual is wrong for fighting the veteran on this. Not only do they have to pay an attorney, but the bad publicity does not make them look good. In addition, they may lose the fight and end up having to pay some hefty fines. Its one thing if the company closes and a job is no longer available, its something else entirely if the company is in existence but just does not want to fulfill its obligations.
hate to be the bearer of bad news but you werent drafted you joined on your own to see the world maybe you should of stayed in service or read the papers to see how bad things are
maybe we are in a recession and they cant afford to rehire? either way thank obama
MassMutual - Keep up the good work in the HR/PR departments. You'll end up paying the guys' salary 10 times over in lawyer fees and lost business.
What a shame. We ask people to go out and possibly make the ultimate sacrifice for the country yet we cannot offer them the help they need when they come back. Like someone already said rich folks and politicians just offer lip service to the veterans' situations. The richest nation in the world will not help it's own but will give billions away every year to countries that hate our way of life and whose "loyalty" or cooperation will end with the last aid payment. How did we ever let this happen? Capitalism, in itself, is not the problem. The problem is that larger and larger segments of the population cannot participate in it because of the greed of those who control the power and money.
What is the surprise ???? 250 000 vietnam vets live on your streets and MORE to come !!!
Your so called respect of your troops is a BIG JOKE !!! No one cares about these veterans, other wise none of them would be homeless on your streets !!
YOU WILL NEVER, EVER SEE THIS IN EUROPE !! You can call us socialist or what ever name you want, but one thing is sure, our veterans do not sleep on our streets !
Wars only profit your politicians and their rich friends. Wars have become a BUSINESS and killing and destroying is a business to them !
and your taxes are paying the salaries of 1.3 million military personnel and that is not socialism to you ???? WHAT A @!$%#ing waste ! This money should go toward the well being of all americans and there is only one way, allow your government to create good social programs for all ! health care, affordable education, free job training, all the things necessary to lower poverty rates and crime rates and to allow the poor to raise to middle class !
American have their priorities totally wrong, now wonder why things are so bad in america !! You can't even care for the people that served those rich bastards !
Republicans MUST GO !
All veterans need to vote Obama out!cuts in benefits,and 3.2 million illegals given work permits when unemployment among Americans at 15% in real numbers , what else is in the making?
You are ignorant ! President Obama has done way more for veterans and soldiers fighting your wars, than Bush and his neocon ever did !!!
Why don't you google it, instead of writing stupid things on the internet ??