Some return to find job eliminated

By Ray Rivera
Seattle Times staff reporter

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Federal law promises that when called to serve — whether for a two-week stint battling wildfires or a yearlong deployment in Iraq — returning National Guard and Reserve soldiers have a right to their old jobs and any raises and promotions they would have received had they not gone.

The promise of a comparable job is a central underpinning of the reserve forces. Without it, Guard and Reserve officials say they could never keep their ranks filled at a time when they are being called upon more often, and for longer deployments, than at any time since the Korean War.

But some guardsmen and reservists have returned and found their jobs were eliminated because of downsizing — which does not violate federal law.

Adam Black, a sergeant in the Army Reserves, came back from a year of active duty at Fort Bliss, Texas, to find his warehouse position at a small interior-design firm had been cut to six hours a week.

"When I left, they were great," said Black, 40, of Everett. "They gave me a cake, a card and the whole shebang and said, 'Your job will be here when you come back.' "

When he returned, he said, "it was a whole different story, due to the economy."

Since then, Black says, he has been told by other employees that the person hired to replace him is working nearly full time.

"Stressful," he said of his experience since returning. "That would be the word, stressful."

He has asked the Employer Support for Guard and Reserves (ESGR) to look into his case. Meanwhile, he hunts for another job. The ESGR is a Department of Defense agency that mediates disputes between employers and Guard and Reserve members.

After the first Gulf war, Congress strengthened protections with the Uniformed Service Employment and Reemployment Rights Act of 1994. A letter of warning usually is enough to resolve a dispute, said Tom Pearson, director of the Labor Department's Veterans' Employment and Training Services in Washington state.
 
"In most cases, the employer is just not fully aware of the law," Pearson said. "Once we explain the law, they go, 'Oh, OK,' and bring them back to work."

When a warning doesn't work, the Labor Department can refer the case to the U.S. attorney general, who can seek civil actions against an employer. Or the claimant can go through a private attorney. A claimant who prevails can be awarded lost wages and benefits.

Since October 2002, the Labor Department has helped recover nearly $2.7 million in back pay for returning vets.

Copyright © 2004 The Seattle Times Company