Civilian Employment Retention

[apft300]

Greetings All,

I am hoping to reach out to anyone who has completed an Active Duty obligation/18X contract and successfully returned to their civilian employment.

I am currently on 1 year ADOS orders (being relevant to a 5 yr cap) and am contemplating jumping ship to active duty via an 18X contract. I spoke with AD recruiters and have been told a minimum contract length is 3 years, but this is almost useless as research has proven a 36 month extension upon successful completion of the Q.

I have reached out to USERRA and the Employer liaison for NJDMAVA. I have received two entirely different answers. One being no guarantee to re-employment and the other being the opposite.

New Jersey Law has added protections to USERRA, putting me on a paid leave status each year. Yet, this specific law makes no mention to a 5 year cap as the USERRA does. In my time my civilian employment, I have moved up the ladder, saved a lot of time and paid a lot of pension dues. I wouldn't want this to go to waste.

To make this short. How was your transition from your Active Duty obligation back to your civilian employment. Does your state have added protections which omit a 5 year cap? If in a public sector job, did you lose your time, go back through your academy? I understand this is a complicated issue and state specific.

Relevant fact relating to my employment: From NJ, Police Officer, 6 Yrs in Pension, 7 Yrs NJARNG, 3 Cumulative years on ADOS.

Again, thank you all for PS.com and the QP's for your time, dedication and service.

V/R
APFT300

[SF_BHT]

I have several reservist that work for me so i know a lot on this subject.

USERRA only covers National Guard and Reserves. It does not have a thing to do with you going on active duty. If you go on active duty that is your full time job and there is nothing here to hold any past employment.

USERRA is for our citizen soldiers.........

If you go into a NG SF unit and you are on orders for training and or deployments USERRA is there for that situation......

Hope this helps.

[apft300]

SF_BHT,

Thank you for your reply, it helps very much. Also, I can not believe I missed that entire line and/or misinterpreted that. You have me second guessing some laws I thought I knew by heart..

Question Answered.

Very Respectfully,
APFT300

[18C4V]

Talk to your state ombudperson. My interperation and confirmed with our State is that you can go AD provided that you do not exceed 5 years. However, if you come back and get re-employed you don't have any rights if you join the guard/reserve since you already used up your 5 years.

[apft300]

18C4V,

Wilco, thank you. An RFI was sent to my district's office via email a few hours ago.

My interpretation is/was inline with yours. After SF_BHT's input I reread the legislation. The text seems to be inline with his statement.

V/R
APFT300

[SF_BHT]

I have a guy who works with me that is in the middle of a USERRA court action for the last 2 yrs. he is a LTC in he reserves and I have learned more about it than I ever wanted to as I have helped him work his strategy. He is a lawyer and has a bit of tooooo much anger and emotion so I help him vent and screen out the emotions as he has been walking that minefield.

I checked with him this morning and he confirmed it is for the citizen soldier not AD members.
Hope you get your confirmation Soon.