Possibly losing job over timeframe

Hi all - a question mixed in with a lot of grumpiness.
I have a DOD position I had before deployment. It has been held for me going on 2 (1 year deployment, 1 year in WTU) years. Because of sequestration and budget cuts, my boss (who has my back) called to give me a heads up that the bean counters are asking why we need a position that hasn't been active for 2 years, and it may make the cut list.
Unfortunately, I know the service protection act doesn't cover budgetary issues.
I can't get any update on my status - its at Seattle for about 115 days. I know a congressional may actually prolong it. I have some higher up contacts on the Army side in a 2 star office, but I don't know if they can impact the VA.
I can't really walk away from the benefits and quit the process either. There may be nothing else I can do, but to be honest, the opportunity to go back to where I was working was a huge light at the end of this tunnel.
Thanks for listening. Any ideas?
Any one up for a road trip to Seattle?
Bob
 
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PsychOfficer said:
Hi all - a question mixed in with a lot of grumpiness.
I have a DOD position I had before deployment. It has been held for me going on 2 (1 year deployment, 1 year in WTU) years. Because of sequestration and budget cuts, my boss (who has my back) called to give me a heads up that the bean counters are asking why we need a position that hasn't been active for 2 years, and it may make the cut list.
Unfortunately, I know the service protection act doesn't cover budgetary issues.
I can't get any update on my status - its at Seattle for about 115 days. I know a congressional may actually prolong it. I have some higher up contacts on the Army side in a 2 star office, but I don't know if they can impact the VA.
I can't really walk away from the benefits and quit the process either. There may be nothing else I can do, but to be honest, the opportunity to go back to where I was working was a huge light at the end of this tunnel.
Thanks for listening. Any ideas?
Any one up for a road trip to Seattle?
Bob
Click to expand...

Bob,
You have nothing to worry about. Your employer has to keep your job as long as you are on orders. They have to keep it for 5 years and two extra years if you need time for recovery. They might give your position away for the time being. Once you get out and come back, they have to give you the same or similar position to the one that you had. If they fell to do that, you can contact USERRA and they can help you. I had my job held for me for the past 4 years and all they ask is for orders when the old ones expire. Unless your medical conditions will prevent you from going back to work, I wouldn't worry too much. I hope everything works for you and see the light at the end of the tunnel.
 
Thanks - I missed the part in USERRA about RIF's and the extra protection for a similar spot. Its hard not to be reactive at times. Thanks for the heads up. Bob
 
So I get a series of calls and emails from my boss - she is anxious they will cut my position, since it hasn't been filled for 2 years. She has asked me if there isn't a way to get back to work, thinking if I am there they can show the need.
I am a reservist, on active orders since2011 for deployment, then medevac and assignment to WTU. I have been found unfit for duty. I am at day 120 since VA received packet.

My civilian job is DOD.
I have been told by COC here that once a MEB was initiated, I could not go CBWTU. My CBWTU area has also been on diversion twice recently.
My understanding is, even if I could go home with remote care or exception to CBWTU, I would still be on active orders, and couldn't work DOD anyway.

My understanding is that the only way to get off of active orders at this point is to take an administrative discharge and give up DOD benefits. I will not do that.

If I am missing an option, please let me know. She's pushing me to impact the process, but I don't believe I really can. I just want to make sure before I engage her in discussion.
Thanks for any adice.
 
PsychOfficer said:
So I get a series of calls and emails from my boss - she is anxious they will cut my position, since it hasn't been filled for 2 years. She has asked me if there isn't a way to get back to work, thinking if I am there they can show the need.
I am a reservist, on active orders since2011 for deployment, then medevac and assignment to WTU. I have been found unfit for duty. I am at day 120 since VA received packet.

My civilian job is DOD.
I have been told by COC here that once a MEB was initiated, I could not go CBWTU. My CBWTU area has also been on diversion twice recently.
My understanding is, even if I could go home with remote care or exception to CBWTU, I would still be on active orders, and couldn't work DOD anyway.

My understanding is that the only way to get off of active orders at this point is to take an administrative discharge and give up DOD benefits. I will not do that.

If I am missing an option, please let me know. She's pushing me to impact the process, but I don't believe I really can. I just want to make sure before I engage her in discussion.
Thanks for any adice.
Click to expand...


I would tell your boss to try to fire you and see what would happen. They will have to keep your job or position for five years and two extra years if your injuries are bad enough. You could request a transfer to a CBWTU, but it is pretty hard. I was at a WTU and was transfer at a CBWTU, but it took letters and a congress man involvement. I was able to work at my old job with DOD, just not getting paid. It did also took some letters and explanations. I ended up working for about a week and was sent to more therapy and could not go back. You should contact the people from USERRA, AMVETS or a JAG officer. There's plenty of help and resources out there. Stay positive and strong!
 
Do not let the stress or pressure get to you. Contact the ESGR representative to mediate with your employer and their supervisors. If you have to you can get the Department of Labor involved.
 
Thanks all. You are both right, I don't need this. I'm turning it over to the experts and let them help handle it.
Bob
 
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