Implications of Being Fired for Military Duty

If someone is serving in the military reserves, can their job terminate them due to their military duty? How do people typically balance their civilian job responsibilities with military service?

In the United States, employers are legally prohibited from discriminating against employees or candidates due to their military service. This rule is stated by the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA ensures that service members are granted leave to fulfill their military obligations and protect their reemployment rights after military service, even to the extent of their previous seniority, status, and rate of pay in their civilian job. If you experience job termination due to military service, this would be an infringement on your rights covered under USERRA.

Balancing civilian employment and military service can be challenging, yet it's not impossible. Here are some strategies people often utilize:

1. Communication is Key: Regular and open communication with your employer is vital, particularly when you have notice of upcoming military commitments. This allows your employer to plan for your absence and can support a values-based culture of teamwork and mutual respect in your workplace.

2. Understand Your Rights: As mentioned earlier, your rights are protected under USERRA. Besides employment and reemployment protection, you also have protection against discrimination in areas of promotion, benefits, training, and other terms and conditions of employment.

3. Engage with Support Networks: Many Reserve and National Guard units have programs to support their members. This could be a great resource for understanding the challenges and strategies of balancing civilian and military responsibilities.

4. Time Management: If you have the flexibility, see if you can align your military commitments with any downtime in your civilian job. This can mitigate the disruption on your civilian career. This could be particularly useful if you are in a occupation or industry with easily anticipated slow periods.

5. Show Your Value: Demonstrating your value to your employer—enhanced leadership skills, teamwork, adaptability, maturity, and discipline that are often gained through military service— can supplement your employer's support and understanding of your military commitments.

Balancing civilian and military duties indeed requires some careful coordination and forethought. However, remember that having dual roles can also bring a unique set of skills and experiences which could make you an invaluable resource to your civilian employer.