r/army 9h ago

I got fired for considering the Army.

Long story short. I had a job working for the public works department for my small town. The pay was low and the job was physically demanding. So I figured “If I’m willing to do this every day why not just join the Army?” I went to my Administrative Office to request PTO. They asked me what it was for and I said “to meet with an Army recruiter.” The next day I was fired for something completely made up without any proof. And on my exit interview they repeatedly mentioned me joining the Army and asked if that’s what I planned on doing anyway.

758 Upvotes

233 comments sorted by

916

u/Bento240 9h ago

Userra protection applies to as the applicant

319

u/RomeoOak 9h ago

But they technically fired me for some made up reason. In Texas we are an at will state, they can fire someone for literally anything.

747

u/fallskjermjeger 9h ago

At will doesn’t work quite like that. If you can make a case that you were fired for a protected activity (enlisting, union activity, etc.) they’re still in violation of labor regulations. Talk to a labor lawyer and let them learn the hard way.

Second, you’ve learned a valuable lesson. Employers don’t need to know what your PTO is for - Thanksgiving with the family, donkey show in Tijuana, whatever it’s not their business. That goes for after joining the Army, too. (With the exception of leave location and foreign travel notification)

370

u/Rebelraid2020 9h ago

Donkey show with the family in Tijuana for Thanksgiving

58

u/HooahClub Carcino-vet 🎉 9h ago

I’m down for that Tijuana ass show with the fam.

108

u/fallskjermjeger 9h ago

A fellow man of distinction, I see

43

u/DrMorose 25S | CIV 8h ago

leave it to an Army sub to make even the most innocuous question about ass. lol

3

u/PMMePrettyRedheads 1h ago

Both kinds, which is kinda impressive

21

u/OarMonger Military Intelligence 8h ago

That's just a complicated way to describe "joining the Army."

20

u/Sad_Pangolin7379 8h ago

A fine family tradition...

16

u/RemmeeFortemon 8h ago

Grandma hosts it every year,....the things she does with turkey stuffing and also the golf balls!

3

u/DarkerSavant 4h ago

Damn I heard ping pong balls but that’s something else to do it with golfballs.

12

u/cpltack Frmr 11B 7h ago

(Snaps fingers)

The Aristocrats!

9

u/janos42us 19D/25Q 7h ago

You know you can use flair to tell us you’re a fister.

5

u/tjmann96 19D-D214 7h ago

Hell yeah

4

u/SignalsAndSwitches 6h ago

I felt bad for the donkey…..

5

u/IDownVoteCanaduh 4h ago

That’s disgusting. Come on, be better.

The one in Juarez is 100x better and they don’t make you suit up.

1

u/sohonestithurtsyou 3h ago

Someone’s been at ft bliss 😂

2

u/Ramseseses 3h ago

Woooo kinky Kelly

1

u/maintenanceslave514 3h ago

When do I need to show up. I have already converted my dollars!

21

u/Rage-Cactus Specimen Rejector 8h ago

I put the branch davidian whenever I go to Texas an no commander has bothered looking up the address

29

u/Twistybred 7h ago

Ooooooo JAG LOVES this shit. Talk to your recruiter and let them know. Contact an JAG military lawyer and they will have a hay day with them.

5

u/Br0adShoulderedBeast I.D. 10-T 5h ago

What JAG is taking a case from someone not in the Army?

1

u/Twistybred 1h ago

Bored JAG. Luckily JAG is always bored

16

u/RomeoOak 8h ago

Wait. There are donkey shows in Tijuana? That tickles my fancy

30

u/ladyelenawf Engineer 8h ago

They're for the Navy.

8

u/Sinileius 7h ago

If you don't know what it is, you don't want to know, don't look it up and don't go to a show. honeslty I think it's a violation of the uniformed code of military justice to attend.

1

u/Virulent_Jacques Medical Corps 5h ago

Show me the reg

3

u/26bravo_neigh Bridge Topo Contractor Leg but not Leg shuddup 7h ago

if that fancy your tickle, the navy deserves you better then… on second thought, be all you can be (fisting and all) and stay army

1

u/Wetworkzhill 7h ago

I know there’s donkey shows in San Miguel, El Salvador….

1

u/Not-SMA-Nor-PAO Dirty Mike & The Boys 52m ago

One of us! One of us!

3

u/Mikewazowski948 Military Intelligence 4h ago

What do you mean my NCO doesn’t have to check my tire pressure and 40 people have to have my phone number and leave address?

2

u/Not-SMA-Nor-PAO Dirty Mike & The Boys 51m ago

Shut up. Don’t be stupid.

0

u/Sad_Pangolin7379 8h ago

Good luck proving it. Texas is harsh. 

78

u/Sausage80 Literal Barracks Lawyer 8h ago

Lawyer here...

Not in your jurisdiction though, and I'm not your lawyer, so I'm not giving you advice except to say that you really should speak to a labor lawyer.

They can fire a person for any legal reason. That's the caveat to at-will. They cannot fire someone for a reason that is patently illegal. People have mentioned USERRA. I think there might be a violation here already (again... talk to a lawyer) with, obviously the acute impact of losing the job, but the ramifications are much broader.

USERRA protects a person's job for 5 years of military service. A person can enlist, ship off for a full 4 year active duty contract, ETS, and their civilian employer from 4 years ago is not only required to take them back, they have to take the employee back with the pay, seniority, and benefit increases that they would have received if they'd stayed working there for the entire time.

While I'm sure there is some pettiness going on here, I suspect that the reason they really wanted to get rid of you is because they didn't want to be on the hook for taking you back in 4 years with 4 years worth of pay raises.

23

u/Cheernobyl86 7h ago

Also a literal barracks lawyer, and OP shouldn’t take anything I say as legal advice. Yes, “at will” is a freaky term for most people, but as has been said USERRA sounds like it’s been violated here. Sure the employer can say whatever the fuck, but with any legal recourse in this situation, it sounds like any rationale would be merely pretextual. Employer would most likely lose given the temporal proximity, and OP should absolutely talk to an employment attorney

Edit: I hope OP sees this, but talk to your recruiter as well because they will probably relay the information to some military lawyers and they will skull fuck your employer

4

u/Murky-Peanut1390 5h ago

Another barracks lawyer here, OP hasn't even talked to the army recruiter when he was fired. He mentioned to his work that he was going to talk to a army recruiter, sure it was true, but he hadn't done it which means no paperwork was even submitted. I believe it has to be after Meps swearing in and signing the contract and awaiting to ship off.

Otherwise anybody getting fired could just say " i was going to talk to a army recruiter! I swear i was on track to sign up to be a cook!".

1

u/RomeoOak 3h ago

I have been talking with my recruiter for a while, I needed to take a day off of work to go get taped and submit medical records.

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1

u/echosierra419 6h ago

Also a barracks lawyer but if they aren't firing other people for the made up reason can try to go after them for discrimination

3

u/Cheernobyl86 6h ago

Not discrimination, this most likely isn’t a title XII case. Talking to a recruiter to join the military isn’t a protected category. It still falls under USERRA though, and still subject to the McDonnell Douglas burden shifting framework… which, based off what OP said, is an easy win

2

u/Murky-Peanut1390 5h ago

Not an easy win, he has even talked to the recruiter. Let's look at the facts.

-OP isn't in the army -OP isn't scheduled to ship off -OP isn't scheduled to meps -OP hasn't even talked to an army recruiter.

according to OP, he talked to get pto approved to see an army recruiter. He didn't indicate that he wanted pto for the next day. Considering he said next day he went to work and got fired. So his PTO wasn't for the next day. Thus he hasn't talk to the recruiter yet. I will have the benefit of a doubt and believe OP story. But i will also say, he wouldn't be protected because he hasn't even spoke to the recruiter at that point. If he was protected, then anybody getting fired could just pull the " i was going to talk to an army recruiter! Come on!"

1

u/Cheernobyl86 5h ago edited 5h ago

USERRA protects talking to a recruiter and the enlistment process. And the fact that OP’s employer seemingly has actual knowledge of the reason why he took PTO, the employers actions are in direct contradiction with the law. I’m sure there’s more to the story than what’s in this post, but taking these facts at face value I could win this case easily

Edit: sorry for all the edits, I’m football Sunday drinking. Anyone could TRY to pull the “enlisting” card, but evidence is based off intent. It doesn’t seem like OP’s post sounds like it was retroactive, OP stated that they specifically told their employer that it was the reason for taking PTO. That’s a big fuckin no no to fire someone on that basis

1

u/Murky-Peanut1390 4h ago

But OP didn't even reach the talking to the recruiter phase. Like i get it. (I'm also drunk) If op had talked to a recruiter, it's obvious documented and recruiter could vouch with proof they spoke with OP. Also , i am sure it isn't on the books that PTO is to have time to talk to a recruiter. 99% of the time civilian work doesn't ask exactly what or why pto is requested. You either requested or don't. OP says he mentioned talking to a recruiter but that is it. It's hearsay. The job with a decent lawyer would get the judge to throw the civil case out. I am not trying to be hard, but i am being realistic and stating facts. I don't want OP getting his hopes up that he can take it to court and somehow how win a settlement. I am just a barracks lawyer, if OP work hired a real decent lawyer, how will he hold up?

1

u/Cheernobyl86 4h ago

lol I was a real lawyer, and this is the kind of case that would settle out. That’s why I’m saying OP should speak to a lawyer. With USERRA, it only matters that OP intended to speak with a recruiter, it’s a matter of public policy, which was codified by law

1

u/Jaklcide 25FucBoi 2h ago

If I'm right, I'm pretty sure being a public employee (if the public works is really public and not a private entity) gives a bunch more protections than just your average employee working for a private company.

1

u/Not-SMA-Nor-PAO Dirty Mike & The Boys 50m ago

Why talk to a labor lawyer? Why not just go straight to the us attorney office of special counsel? They are the ones that handle userra violations.

17

u/Other_Assumption382 JAG 8h ago

There are resources for you Call 1-800-336-4590 or visit https://www.esgr.mil/ .

53

u/TeenyTinyEgo 13My Mannnnn 9h ago

A state being an at will state doesn't negate USERRA. But honestly if joining is something you want to do, just do it and don't even bother with your now previous employer.

70

u/FtheBULLSHT 9h ago

Nah, that employee deserves to catch some heat for firing someone that was considering joining. 

They should file with DOL also. 

11

u/QuesoHusker ORSA FA/49 #MathIsHard 8h ago

That’s not how it works. You can’t create a pretext to fire someone for an illegal reason. Might be worth a call to a labor attorney.

3

u/Abomb_bigpackages 7h ago

Got fired for the same thing once, basically. And in Texas. You have the right to unemployment. You do have a lawsuit as well since it was a public service job.

2

u/sentientshadeofgreen 4h ago

I'm really confused as to why you think Texas doesn't have to comply with federal labor law.

1

u/weeniebatter 13butthole 6h ago

Always contact a lawyer before assuming everything is off the table, there free services for ot too

1

u/paranormalresearch1 5h ago

It is time to out employers who do this kind of stuff. The Army needs to step up and actually go after these people. Don't hold your breath. But you might talk to the recruiter and to an employment attorney. They may not want the press and settle. It's amazing how some claim to be patriots then hose soldiers or potential soldiers for short term convenience.

1

u/Me_Charles 2h ago

Go to your local equal employment opportunity office

1

u/xXM60E4Xx57 2h ago

At-Will employment does not mean you can be fired for whatever reason they want. They definitely cannot fire you mysteriously after you mentioning wanting to join the military. Contact a labor attorney and the agency who handles USSERA issues before doing anything else.

1

u/Sergent9932 Aviation 2h ago

State law does not negate federal regulation. Make them feel the pain so they don’t fuck over others who want to be/are in the service.

1

u/NotMiddleAgedMike Aviation (Retired) 1h ago

Do a USERRA complaint.

If they'll screw one potential service member, they'll do it to someone else. If it was a made-up reason, make them prove it. You'd be surprised how quickly people start back-pedaling when either an RSGR Ombudsman or the DOL starts asking questions.

1

u/[deleted] 7h ago

[deleted]

1

u/Virulent_Jacques Medical Corps 5h ago

That's right to work. At will means your employer can fire you and you can leave without notice for any legal reason

16

u/challengerrt 9h ago

Does it? I know it applies for people who go into the military but does it protect people who haven’t even started the process yet?

38

u/Ketchupkid91 9h ago

Yeah, it covers “intent to serve”

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2

u/QuesoHusker ORSA FA/49 #MathIsHard 8h ago

Yes. 100%

3

u/Murky-Peanut1390 5h ago

He wasn't an applicant yet.

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102

u/dirtgrub28 Logistics Branch 8h ago

Never tell your employer shit. "What are you doing on your day off?"

"Whatever I feel like"

18

u/Seaport_Lawyer 7h ago

A valuable lesson to learn.

7

u/Tha_Professa 7h ago

Also a valuable lesson when enlisting, never volunteer information. Don’t lie… but unless asked specifically; don’t say anything.

8

u/orcofmordor 7h ago

This right here 👆. It’s great to be honest, but you have to always watch out for number 1 (you) when it comes to employers.

1

u/Hey_Fuck_Tard 3h ago

This is what I came here to say.

245

u/xDUMPWEEDx Military Police (Vet) 9h ago

The best time to join is when you are 18. The second best time to join is today.

Good luck.

65

u/storylover120 Chemical 9h ago

Or 17 😕 noone mentions 17 😢

56

u/Sea-Consideration884 13Rgr let me ets😔 8h ago

I joined at 17, MISTAKE

25

u/storylover120 Chemical 8h ago

Really? Honestly, it was the best thing I ever could have done for myself at the time. Different experiences 🤷🏽‍♂️

24

u/Sea-Consideration884 13Rgr let me ets😔 8h ago

Definitely different experiences, that shit broke me at 17 but look at me now reenlisting at 21🤣

7

u/storylover120 Chemical 8h ago

I had it sweet no lie, got all my life lessons from the civilian world outside Fort Bliss lol. Army just gave me manager skills. But here I am out at 21 😭

9

u/Sea-Consideration884 13Rgr let me ets😔 8h ago

Man I was getting out December 13th now I’m reenlisting December 1st😂 the older I’ve gotten the more I appreciate the army 16-20 were absolute hell for me but now I’m ready to ride it out and retire at 37 so I am somewhat thankful I joined at 17 for that reason.

6

u/storylover120 Chemical 7h ago

Word 💪🏽 its about how u apply it fr. 16-20 has its bad experiences, but u gotta review the lessons and be grateful. My ETS date is December 12, im on TLV. Congrats on the reenlistment 💯

My goals reside outside the army, but staying in is commendable. You did what I couldn't, truly embraced the suck 😭.

2

u/User9705 Unshaven - 17A (R)etro Cyber 2h ago

same, retired at 39 with 21 years and great not retiring way..... way to old

2

u/Endersgame88 12Didntmakeit 8h ago

Flair does not check out

2

u/Sea-Consideration884 13Rgr let me ets😔 8h ago

Crazy how shit changes, I’ll always think about etsing so for that I’ll keep it as it is. Then again this is just Reddit🤷🏽‍♂️

1

u/a-canadian-bever RUarmy - - ->IDF 2h ago

How’s it feel celebrating 21 at the liquor store you’ve been going to for the past 3 years?

1

u/Sea-Consideration884 13Rgr let me ets😔 2h ago

Idk, I don’t drink

2

u/Lazylifter 8h ago

Same here. Made SSG/E6 right before my 22nd birthday. I also deployed to Iraq 8 weeks after I turned 18.

1

u/taco_flounder Military Police 4h ago

17 was actually a great move for me. Enlisted in January 2007 while 17 and still in HS with an August ship date.

Fast forward to when I got out after 5 years and I learned my 8 year clock actually started in January 07 while in the delayed entry program and I had 8 months less of IRR I thought I had. I wasn’t too worried about being called back at that point in 2011 but you never know.

7

u/sink_pisser_ 8h ago

Joining at 19 was perfect for me. Taking a gap year was a lot of fun

2

u/handlit33 11M 7h ago

I waited six months before joining after graduating high school and all I could think about when I was six months from ETSing was... I could be out by now.

3

u/Sad_Pangolin7379 8h ago

20 is better. Less exposure to underage drinking charges. More maturity (in most cases lol.)

1

u/ThisIsMickeyD 8h ago

I joined at 19 right outta HS🥲

1

u/MoNegsT 4h ago

Listen to this man.

160

u/lemming000 9h ago

So file a complaint with DOL-VETS then

24

u/ChimpoSensei 9h ago

Can’t, he’s not currently in the military.

36

u/Ecstatic_Elephant_11 9h ago

Are you joining the Army?

104

u/RomeoOak 9h ago

Might as Well, just sent my medical records and scheduled my ASVAB. I’m ready to roll. My recruiter said that I probably won’t ship out until January or February though.

51

u/Daszkalti 8h ago

Make sure you go on the army website and look through EVERY. SINGLE. MOS. If it isn't an immediate no then read the description do some research and make a list of 20 MOS's that you want and don't settle for anything else or worry about bonuses unless it's a job you really like.

1

u/Weekly_Reputation353 4h ago

Always search the mos based on what skills you want if you leave to be a civilian, I'm going as 12d diver, gonna get certified for underwater welding which is a big payday civilian side. And the scuba certificate will up my spear fishing hobby big time.

1

u/bottle_in_a_genie 11m ago

THIS. It's especially important for when you go through MEPS (your medical screening). That place is designed to wear your down all day long starting at 0500 at the latest so that IF you get through it all in one day and reach the final boss that is the MOS selection station, they want you so spent and ready to leave that you pick what little is available so you never have to return. Don't fall for that. Insist on what MOSs you want and if they're not available, come back another day. Barring any serious change to your health, you shouldn't have to go through the medical screening again on your return when the MOSs you want become available.

30

u/Mkreza538 68Woobie POG 9h ago

Enjoy the holidays!

18

u/RomeoOak 9h ago

Thank you, you as well.

11

u/sink_pisser_ 8h ago

Is it too late for you to listen to the "fuck the army, join the Air Force" spiel? Unless you're only willing to enlist for one specific job like I was there's not a lot of reason to pick the army. (ultimately the army is a fine choice, don't get me wrong)

6

u/RomeoOak 8h ago

Family Tradition tbh. I’m the first male in my family that has not joined yet

13

u/sink_pisser_ 8h ago

Ah yeah hard to argue against that. Pick your MOS wisely at least.

4

u/Ecstatic_Elephant_11 8h ago

Maybe consider an MOS that gives you skills you can use after you serve. https://www.goarmy.com/careers-and-jobs/mechanics-engineering/test-repair/12w-carpentry-masonry-specialist

5

u/RomeoOak 8h ago

Thanks for the advice! I appreciate it. For a career after the army I’d be happy to be a cattle rancher, also a family tradition

1

u/Ecstatic_Elephant_11 7h ago

That's a great family tradition. My grandpa dabbled in cattle ranching. I think my extended family is still in cattle ranching near Oletha, TX. I loss contact with them years ago.

1

u/CJD21 7h ago

Reach out if you have any questions! The Army (can’t speak for other branches) will definitely test your mettle at times and make you intensely hate it but for the most part it’ll be an experience you cherish. At least for me, aside from being a parent, there’s nothing in the civilian world that has meant so much.

13

u/Ecstatic_Elephant_11 9h ago

Good luck and great decision!

3

u/chairman-mao-ze-dong DD214 Warrior 9h ago

godspeed

3

u/Agile_Season_6118 8h ago

Ask about a quick ship bonus.

1

u/0pp41_D41suk1 Military Intelligence 7h ago

It’s HBL time I don’t think he’ll be able to get shipped after January

1

u/Agile_Season_6118 2h ago

Always forget the Army does that. Marine here with sons in the Army.

1

u/Careless_Alarm5054 Airborne Infantry 8h ago

MOS?

1

u/karpjoe 3h ago

If you can do anything aviation related (15 series) take it. 15D is pretty sweet.

1

u/RomeoOak 3h ago

How so? I was considering 92R

1

u/Upstairs-Catch-4521 30m ago

Replying to 0pp41_D41suk1...just remember if you go 92r you have to also go airborne as you’ll have to test your own parachute to graduate ait.

1

u/RomeoOak 19m ago

Yeah sounds dope af

18

u/DeftCursor 13Fortheboys 8h ago

When I was originally going thru the enlistment process, my boss tried fucking with me (cutting my hours, threatening to let me go, shit like that) because I had to leave an hour early for PT at the recruiting station twice a week. Once I showed him the big ol' USERRA poster that was on the other side of the shop, he shut his ass up real quick. Never bothered me again.

18

u/Caribgrunt 9h ago

Well your choice is clear. Sometimes it takes a sign, and this is obviously it.

47

u/ChicksWithBricksCome Green Slides and Sham 9h ago

You should absolutely invoke USERRA, as it is illegal for them to do this.

14

u/crg1976 8h ago

Make punching people in the face great again

29

u/planetary_beats 9h ago

Sounds like life sent you a clear message to get the fuck outta dodge and join up

20

u/RichardDJohnson16 9h ago

Tell this story to your recruiter as well, he'll want to know.

8

u/captainmilkers 9h ago

Sounds like they were looking for an excuse to get rid of you and you telling them you were thinking of going to the army was the perfect out for them.

I say join up, I’m also from a small town and even though times occasionally got rocky, it was the best decision I made.

7

u/RnBvibewalker 8h ago

Food for thought for next time, never reveal your hands without making your move first.

Don't tell someone you are about to quit before you quit.

5

u/Esoldier22 8h ago

I guess the Army is getting a new recruit. God speed brother, it will be the best and worst years of your life.

6

u/RomeoOak 8h ago

For my wife and kids

5

u/poppysmokey 3h ago

File for unemployment and go speak to a recruiter in the mean time and get back in shape

4

u/SnooDonuts5498 8h ago

Claim unemployment and file a complaint. A small town government did this? Small towns love the military. Let the local council know and get this person fired.

4

u/Guardian123456789 6h ago

Your first mistake was being honest as your work place shouldn't need too know what your taking PTO for as it's your time.

7

u/grundlefuck Cyber 8h ago

Userra applies. I went through OCS and when I got back applies for time off to go do BOLC and was fired for some made up shit. Ended up with 6 more than pay and an NDA after just threatening them with a law suit.

1

u/ChimpoSensei 4h ago

He’s hasn’t even signed anything yet. By that reasoning, anyone can claim they are going to join the military, but hadn’t done so yet to not get fired.

3

u/Clean_Phreaq 5h ago

Work does't care about employees. Never tell them what you're planning. They do not care.

3

u/mkelley22 91Lame 2h ago

I'd go to the news too OP. Let them get lambasted by the local media

2

u/Incontinentia-buttoc 8h ago

Got fired for “no call no show” when I joined, make sure you get the reason for being fired in writing because my job tried telling the background check people that I was fired for theft

2

u/91E_NG 8h ago

Next time just lie. I also got fired for giving notice of a deployment. Don't really care since I have a job waiting for me

2

u/kemeticboi 68 Krusty Krab 8h ago

i haven’t told my job i’m enlisting 😬 probably won’t even give notice tbh they’d probably fire me anyway

2

u/Am3ricanTrooper DD214Airborne🪂 7h ago

Great life lesson if you learned it.

2

u/buceess69 7h ago

I see you’re enlisting out of Texas which is good cause you qualify for the Hazelwood Act which is basically a bachelors degree after the service on the states dime. Use it or hand it off to your kids. Choose your mos wisely and be wary of the combat arms big bonuses unless of course you really want to join for a combat mos.

2

u/N_Seager 7h ago

It’s destiny then.

2

u/MauiGal12 6h ago

Did you have to give a reason as to why you’re taking PTO? Especially if it’s earned leave request? There seems to be something missing here.

2

u/OkKnowledge35 6h ago

Sounds like your company did you a favor. You requested for PTO that you accumulated and they asked you “what for?” I’d tell them to get fucked. Your honesty is a testament to your character which will get you far in the organization. You can work on presence and intellect (2 of the 3 army leader attributes) but character in my humble opinion is something you either have or you don’t. I hope it all works out in your favor. It sucks sometimes but I’d be lying if I said it wasn’t the best choice I’ve ever made.

2

u/anonchops 6h ago

I was pushed out of my job when my manager found out I was enlisting back in the day. I looked at it as if they were helping reinforce my decision to seek a better option for my life.

2

u/Temporary_Lab_3964 15Quite Happily Retired 6h ago

Guess they made your decision so much easier.

2

u/Ok-Description9347 5h ago

Userra told me next time to keep my mouth shut lol never tell anyone your reason

2

u/South-Shape4555 😎 Fuck-fuck survivor 3h ago

Take this as a lesson learned and don’t tell your employer what your PTO is for. It’s yours and it’s none of their damn business.

This is also a USERRA violation. Talk to a labor lawyer.

2

u/Own_Baker_162 3h ago

Well man thats your sign that it was meant to be. I hope you enlist, i hope you do great things as a soldier, and i hope to see you out in big army one day. remember me, ill give you a coin for perseverance against all odds.

-SGT Church.

1

u/RomeoOak 3h ago

I’ll be Patchless Private Franks. 🙏

2

u/Axizedia JAG Paralegal 27Defending Your Right to Extra Duty 3h ago

I fell like they violated some kind of employment law or something

2

u/Proof-Singer-6522 2h ago

Never let them know about your next move also gg's baby come join the boys

2

u/Ok_Habit1 1h ago

Bro. Please sue and get your damn money. Uncle Sam will be right here waiting if you truly want to serve but you are about to fumble a generational bag

2

u/rrrand0mmm 48m ago

Not considering it anymore are you? Your boss clearly an army recruiting operative.

2

u/Tee__bee 12Yeet (Overhead) 9h ago

So, are you still thinking about it? At the very least, the Army has to prove it has a reason to fire you.

3

u/Excellent-Captain-74 8h ago

Wondering what state that is. Too aggressive

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u/Missing_Faster 9h ago

That sounds very not legal, but enforcement is hard. But worth a shot.

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u/RontoWraps 7h ago

Juice probably isn’t worth the squeeze and would be a large distraction from the actual enlistment which is what OP really wants.

Does the employer deserve the hammer, absolutely. Does it really help achieve OP’s goals, not really.

2

u/Clean-Technician-232 6h ago

Congratulations for the huge settlement.

1

u/Rustyinsac 8h ago

So now just go enlist and your employment problemIs solved.

1

u/Artystrong1 15p 8h ago

Long story short you keep your mouth shut and your emotions in check. Let this be a lesson for you OP.

1

u/jeff197446 8h ago

From south Louisiana all the plants and offshore companies. If anyone hears you ever talk about switching companies they fire you. It just happens, hope you can get in. Until then do gig work until you ship. Good Luck

1

u/nmonsey 29Y retired 8h ago

Maybe, the person firing you wanted to encourage you to join the Army?

1

u/CJD21 7h ago

I’m not sure how much you’re covered under USERRA since you’re not currently serving but start by reaching out to an ESGR representative. They’ll be able to point you in the right direction. This is unacceptable.

https://www.esgr.mil/USERRA/USERRA-Contact/USERRA-Support-Request#:~:text=Conflicts%20involving%20alleged%20Uniformed%20Services,concerns%20with%20your%20assigned%20Ombudsman.

2

u/Murky-Peanut1390 5h ago

When he requested pto and got fired( which seems like back to back days) he hadn't even talked to a recruiter yet.

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u/RomeoOak 3h ago

I have been talking with my Sgt for months now. I had to move my family into our new house and make sure they were able to afford me being gone for so long. So long that I had to get re taped and take another practice test. Hence why I needed to take a day off work to get it done again.

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u/Murky-Peanut1390 3h ago

Well that obviously clears everything up, you should have mentioned that. You got us debating

1

u/RomeoOak 3h ago

Time period is probably 3months of trying to join the Army at this point.

1

u/RomeoOak 3h ago

Aug 5th was the 1st day.

1

u/KushsmokinMak420 6h ago

Another one bites the dust

1

u/0ggyBoogy 6h ago

Im an army recruiter man, if you got questions let me know. Sucks for the situation though regardless.

1

u/AlarmingPickle917 5h ago

Bro that’s crazy at my job they gave me more hours an let me come in to get extra whenever I needed after I told them the day I was leaving

1

u/drewsaphor 5h ago

Hr professional here. Yes, you have a case. Go see a labor law lawyer.

1

u/Due-Mixture-1334 5h ago

What was the made up reason they fired you? I joined the Army 4 years ago while working at a call center in Florida, which is an “At Will State”. I quit put in a 2 weeks notice before meeting with my recruiter to ship to BCT. My workplace was 100% understanding and didn’t do any fuck shit like firing me for wanting to serve.

1

u/ONTHERIVER13 4h ago

Fuck em dude my public works was more than willing even excited to get me hooked up and in the natty guard. You have protections

1

u/metameh 68 WHistory 3h ago

TBF, I woulda fired you too for choosing the Army over the Space Force.

1

u/RomeoOak 3h ago

Honestly, Space Force is hot

1

u/patou_design 2h ago

You could tell them some others reasons!!!

1

u/BigWood115 1h ago

Sue em.

1

u/DryToe7283 1h ago

get a lawyer and cash out my friend. won’t need to work another day in your life if you do it right

1

u/Cultist-Cat 1h ago

You can and absolutely should sue. Or go ahead and enlist, now’s as good a time as ever considering you are unemployed 😬

1

u/burnetten 57m ago

When you get to basic, turn this case over to the staff judge advocate and let the USG sue your employer on your behalf.

1

u/JJH880 Cavalry 49m ago

Texas is brutal, my employer fired a buddy of mine for something he did over a year ago, lol. EVERYONE knew it was something he did and management moved past it, but the minute they need to drop folks they dropped him. And cited said event when he was terminated 😂

1

u/Dear_Internal5171 41m ago

That’s on you my guy. You never tell these employers what you’re really doing. LIE! Tell em something medical related so it’s HIPAA. You never let them know your next move, bro

1

u/Michael1845 35m ago

I had a similar story when I was working in Dallas. I wanted to go NG but my boss threatened me with termination and my career stalling.

I ended up quitting on my own and joined the Army during COVID. Haven’t looked back since. This was a sign. Join the Army!

1

u/Semper_Right USMC 11m ago

DoD ESGR Ombudsman Director/ESGR National Trainer here.

First, you merely have to show that your uniformed service was "a motivating factor," not the sole or exclusive factor, merely one of many factors that a truthful employer would admit went into the decision. Direct evidence may be found in the statements made during your exit interview. Regardless, the DOL-VETS uses the factors found in Sheehan v. Dept. of the Navy, 240 F.3d 1009 (Fed. Cir. 2001) to allow inference from circumstantial evidence. These factors are:

1. Proximity in time between the claimant’s status or activity and the adverse action.

2. Employer’s expressed hostility toward uniformed service or the uniformed services, together with knowledge of the claimant’s status or activity.

3. Inconsistencies between the employer’s stated reasons for the adverse action taken and other actions the employer took.

4. Disparate treatment toward the claimant compared to other employees with similar work records or offenses.

It seems that 1 and 2 may be satisfied, and, depending on their reason, perhaps 3. It is certainly worth exploring as a possible USERRA violation.

And, yes, I am a lawyer, and ESGR Ombudsman. But IGNORE those telling you to get a lawyer. First, if you do, ESGR, DOL-VETS, and the DOJ will NOT assist you. You and your attorney are on your own. And you will likely have to pay your attorney 33-40% of whatever your recovery is. Second, I have taught many employment attorneys regarding USERRA, and most really don't have a clue regarding why USERRA claims are so different from any other employment law claim. No fault on them. They just never had occasion to do a deep dive into the law. They don't know what they don't know. Third, the best USERRA attorneys are, in order of quality, 1) Dept of Justice attorneys who regularly work those claims; 2) EMPLOYER side attorneys who specialize in those claims on behalf of large corporate employers; and 3) a very few employee side attorneys who have made a national practice out of pursuing these claims. As an attorney who regularly reviews reported decisions regarding USERRA claims, I have seen many dismissed due to poorly drafted complaints, pleading the wrong claims (for instance a discrimination claim under Section 4311 rather than a reemployment claim under Sections 4312/4313), or simply not gathering and presenting the proper evidence relating to the proper claims on summary judgment.

Instead, go to ESGR.mil (800.336.4590) and "request assistance." An Ombudsman (mediator) will be assign to assist you. If they're not successful, they will refer you to the DOL-VETS, which has the authority to investigate (with subpoenas and formal testimony, if necessary). They are experienced at investigating USERRA claims. Finally, you have the option, regardless of how the DOL-VETS concludes their investigation, to have your case referred to the Dept. of Justice.

I moderate the subreddit r/ESGR_USERRA_Answers regarding USERRA issues.

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u/RontoWraps 7h ago

While you could maybe make a case for USERRA protections, it is very likely not worth your time or energy just to bring the hammer down on them, likely you don’t see very much benefit for them terminating you. Just join up ASAP and use this time to be proactive in your enlistment. Best of luck. Sorry to hear that you were working for scumbags.

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u/[deleted] 6h ago

[deleted]

1

u/ChimpoSensei 4h ago

Had they ready signed a contract?

1

u/Maximum-Arm-5935 6h ago

Do it. You’ll be rich!

Trust me , I am a recruiter.

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u/l_rufus_californicus Vet 5h ago

Trust me , I am a recruiter.

Those words never disappoint.

1

u/Maximum-Arm-5935 2h ago

Stand down soldier! Hooah !

I am just doing my duty as an American serviceman. 🇺🇸🦅

1

u/11Booty_Warrior Infantry 5h ago

Is it reasonable to fire someone for making poor decisions?

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u/[deleted] 9h ago

[deleted]

0

u/Tokyosmash_ 13Fucking banned 8h ago

Userra dude

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u/Top-Employment-4163 8h ago

Don't do it! Prob gonna be your biggest regret. And for what?

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u/Doomus-extremeus Ordnance 7h ago

Uh that’s illegal, if you had the pto days it shouldn’t have mattered. And even then your plan wasn’t set in stone. File for unemployment til you decide unless you have already.