Ive been calling and trying to find resources on the outside regarding a Reserve JAG Officer or JAG Officer with experience with USERRA and laws that govern close to it but are not in the law.
(History) I was working for a private company - 8 years - and gave them orders I was deploying to AFG in 2011. They paid me military differential pay since my yearly salary was greater than my deployment pay. It was company policy to pay me the differential pay for the first 6 months but was under the discretion of the CEO to continue. I was injured twice in AFG and was sent to recover inpatient and outpatient at a WTB. I went through the med board and received a 100% permanent and total with my PCM and Neuro saying I have little chance to return to my baseline. They kept paying me differential pay.
I sent my final orders in OCT 2013 and told my HR my ratings and then received a phone call about returning to work. HR described the job they want me to work at that is not at the level I was at, but I am in no shape to be working. I still have migraines 3-4 times a week that shuts me down, severe PTSD, still black out about 1x every 3 months due the nature of my TBIs, and other unfitting conditions and issues I can go on and on about.
My question is I cannot return back to work/my civilian job or drive (2 hours) where they want to place me at. Can I send in a resignation and let them know due to medical and 100% P&T disability, work will be extremely difficult, not the best for me while still recovering, and not safe? If I do turn in the resignation can they add up all the military differential pay from the past 2 1/2 years and my company makes me pay it back? These are two legal questions that are not covered in USERRA but a JAG or Attorney can help answer or help me out. My HR keeps calling me and is stressing me out and I dont know what to do. Thanks.
(History) I was working for a private company - 8 years - and gave them orders I was deploying to AFG in 2011. They paid me military differential pay since my yearly salary was greater than my deployment pay. It was company policy to pay me the differential pay for the first 6 months but was under the discretion of the CEO to continue. I was injured twice in AFG and was sent to recover inpatient and outpatient at a WTB. I went through the med board and received a 100% permanent and total with my PCM and Neuro saying I have little chance to return to my baseline. They kept paying me differential pay.
I sent my final orders in OCT 2013 and told my HR my ratings and then received a phone call about returning to work. HR described the job they want me to work at that is not at the level I was at, but I am in no shape to be working. I still have migraines 3-4 times a week that shuts me down, severe PTSD, still black out about 1x every 3 months due the nature of my TBIs, and other unfitting conditions and issues I can go on and on about.
My question is I cannot return back to work/my civilian job or drive (2 hours) where they want to place me at. Can I send in a resignation and let them know due to medical and 100% P&T disability, work will be extremely difficult, not the best for me while still recovering, and not safe? If I do turn in the resignation can they add up all the military differential pay from the past 2 1/2 years and my company makes me pay it back? These are two legal questions that are not covered in USERRA but a JAG or Attorney can help answer or help me out. My HR keeps calling me and is stressing me out and I dont know what to do. Thanks.
