Reservists' Rocky Return To Job Market

60 Minutes Report Also Examines Costs Borne By Employers Of Deployed Citizen Soldiers

(CBS)  With the Pentagon relying so heavily on the National Guard and Reserve to fight in Iraq and Afghanistan - 650,000 have been called for active duty since 9/11 - the least you'd expect is that after they serve, they get their old civilian jobs back.

There's a law, called USERRA (Uniformed Services Employment and Reemployment Rights Act), that says their employers have to take them back at the same pay.

But what 60 Minutes correspondent Lesley Stahl found is that despite the law, thousands of guards and reservists come home to find themselves demoted or penalized, or out of a job completely.

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Army Reservist Joanne Merritt is a nurse who works with wounded soldiers. When she got back to her regular job in 2006 after a two-year deployment, she was told her job was gone since she had been away too long.

"We had to give that to somebody else. So, your job is no more," she remembers.

Despite the law, she couldn't have her job back. "Yes. It really hurt. It hurt because I just wasn't expectin' this."

Considering who her employer is, why would she expect it: Merritt works at, of all places, the VA Medical Center in Augusta, Ga.

Asked if the Veterans Administration did not understand this law, Merritt says, "Yes. And I said, 'You know what? I am not going to accept this.'"

Merritt filed a complaint against the VA, and within a couple of weeks got her old job back, plus the back pay and leave that she was entitled to, which the VA had also denied her.

Asked if she has any sympathy for the VA though, considering she was gone two years, Merritt tells Stahl, "I've been in the military for 25 years now. At that point, it was 23. The president writes an order, gives an order, I follow it. What excludes the VA? No, ma'am, I do not have any sympathy. I feel that the laws are there for reasons."

According to the Pentagon, over 10 percent of guardsmen and reservists report having problems when they return to work; tens of thousands have filed complaints or lawsuits against their employers.

Assistant Secretary of Defense Thomas Hall is the top man at the Pentagon overseeing the Reserves and National Guard. He says he is aware that there are reservists and guardsmen working for the Department of Defense and in the Pentagon who have come home and also encountered problems.

How does he explain that?

"Well, we want the government to be the model employer…," he says. "What I’m saying is that the federal government's entire leadership has committed that they will be. Do we need to do better? Yes."

The federal government is one of the largest employers of guardsmen and reservists, but they also work at over 100,000 private companies. Lawsuits under USERRA have been filed against some of the largest companies, like Wal-Mart, American Airlines, and UPS.

It's in that private sector where 60 Minutes discovered that a rebellion is brewing.

"The private employers cannot supplement, cannot support the full cost of defending this nation on our balance books," says Dave Miller, vice president of Con-way freight, a national trucking firm.

After 9/11, he saw it as a patriotic duty to back his guard and reserve employees 1,000 percent.

But now his patience is wearing thin. Not only are the deployments long, his drivers, mechanics and others are being called up for a second and third tour of duty, often on such short notice it's hard to find a replacement.

He says they typically get about three weeks' notice - not a lot of time to run an ad, and bring people in for an interview. And he says they never know how long the deployment is going to be.

With over 50 of his workers deployed right now, Miller says the company is spending about $4,000 apiece to train their replacements, and as much as $100,000 if a worker has to be relocated from another state.

Take the case of one of his drivers, Jeff Vineyard. In 2005, Vineyard was sent to Iraq for a year as a member of the Indiana National Guard, where he says he was driving jet fuel.

[cwheckman1]

Here are a few more legal tidbits courtesy of the Government Accountability Office. After the Vietnam War, the United States Department of Labor (DOL)decided to classify only jobs paying less than $18,000 per year as "suitable for veterans." In 1978, this amount was raised to $25,000. If an employer offered more, the veteran was not informed about the job by the state employment services. Veterans who had better qualifications were therefore overqualified for all of the jobs to which the DOL was referring them. This led Vietnam Veterans of America to note about 15 years ago that the more education and training a veteran had, the more likely he was to become homeless. Federal agencies were returning 71% of all civil service hiring certificates on which a veteran''s name appeared with the highest score were returned without the agency hiring anyone. Agencies were inventing tricks to avoid hiring veterans, such as claiming that the veteran was passed over because he could not be contacted after the agency called a bogus telephone number.

[cwheckman1]

What if you are one of the 999 veterans out of 1000 who the OSC and VETS does not assist? After VETS or the OSC have done nothing with a veteran''s complaint for at least 60 days or after the complaint is rejected, a veteran employed or seeking employment with the federal government may file an appeal with the Merit System Protection Board (MSPB). I have personally had four appeals before the MSPB, and all four have been decided through fraud in which the administrative judge has been a principal party. The MSPB has one rule: the agency always wins, and veterans or whistleblowers whose appeals it hears are never granted relief. Their record of decisions shows this to be an absolute rule. MSPB decisions are backed up by the U.S. Court of Appeals for the Federal Circuit, an obscure, made-over patent court designed to see to it that laws to protect legal rights of veterans are never upheld and to protect agencies against disclosures by whistleblowers. It can be said that this court is the mother of all corruption in the federal government.

[cwheckman1]

More on veterans'' law. Special Counsel Scott Bloch just resigned last week and is under investigation by a grand jury for obstruction of justice. If a veteran had an employment problem with the U.S. government because of his honorable service in the armed forces or for blowing the whistle on corrupt practices, he was supposed to file his complaint with Bloch''s office. The Office of Special Counsel (OSC)shares the responsibility with the Veterans'' Employment and Training Service (VETS) for assisting vets whose USERRA rights have been violated. The OSC receives well over 1000 complaints about all merit system violations, and VETS receives over 1000 complaints each year from veterans. Each gives real assistance or obtains a fovorable settlement for about one complainant each year. Both agencies are in business to help crooked federal agencies and government contractors violate USERRA and other veterans'' laws with impunity. In 1998, the OSC placed its solution to my complaint on its website as its one annual "favorable settlement for a veteran." That got me a job with the U.S. Forest Service for a few months, much harassment for complaining, and a place on the federal blacklist as a whistleblower for the past nine years. Good luck to any veteran who complains about clear violations of the law!

[cwheckman1]

After 40 years of appeals and lawsuits and holding jobs only outside of the U.S., I have become an unwilling expert on USERRA and the other veterans'' laws. Getting a lawyer: A group of veterans searched the Los Angeles area for lawyers who felt competent in veterans law. They found only a few who thought they could help out with VA claims. Most lawyers did not even know what the OFCCP is, although it is the agency of the Department of Labor where the complaint must be filed against federal contractors before a veteran can sue. A private lawyer will take your money but not know any more about the veterans'' law than the veteran himself.

[specreserve]

I sent an e-mail to "60 Minutes" addressed to Lesley Stahl, but I haven''t heard anything back from there, either.

[specreserve]

My last comment for today, is, how many soldiers on here, how many of you think that the higher ranking NCO''s, and Officers in your Unit, or Command Group are reading ANY of these comments???? I would say ZERO. A big,fat,goose egg, ZERO.Some of them are "too busy" when you call,won''t respond to e-mail, and then, at drill, they are still "too busy"....But oh no, don''t show out there, at drill....oh no! Because then you will be labeled as a "PROBLEM"

[specreserve]

Ok. This is for the people who are reading this, and say, "take ANY job"....I have been there, and TRIED THAT.....I have NO criminal background,of course I am drug-free,but yet and still, no job....I even applied at a dreadful fast-food joint, for $6.75 an hour.(***?) I was told "I''m sorry, you are OVERQUALIFIED"
When in the hell will this foolishness end? And then when some person loses their self-control, and snaps, goes out and breaks the law to SURVIVE, they are just slammed by the system. I DO NOT, in ANY way, condone, or support anyone who breaks the law, but ask yourself, what would you do? Your ex won''t let you see your kids, because you can''t give her MONEY. You cant drive your car,with no gas, no insurance,and NO MONEY. Your relatives are tired of you living with them, because you heve NO MONEY......

[specreserve]

Okay. Here''s my next comment. I think that the lower persons on the alledged "Totem Pole" of JUSTICE?
are full of ####.....I called the number that was given out by the Assistant Secretary of Defense. What a joke. I was transferred twice to a "USERRA" employee, who basically listened to NOTHING I said, then he says "There is nothing we can do for you,you need to get a private attorney to handle this"....What the hell is USERRA good for? A waste of time !!! How in the hell can you get an attorney, when you don''t even have money for food,shelter, or what''s worse, can''t pay car insurance or a car note to be able to drive legally???? The system SUCKS, and the ones that are paying the price are the ones who put their lives on hold,and on "the line" for the United States. Even the so-called "pro-bono" attorneys will NOT even respond to any phone calls or e-mails. Everybody wants MONEY. If you don''t have any, you are just a joke to them. Even sought help thru the JAG offices. They don''t have time...they say "get a private attorney"...***? The Unit is no help either. I am looking to transfer out of it. The next one maty be no dam better,though. What are we,as soldiers, supposed to do now? Just "grin" and "bear" it? What about all of the so-called wabsites, that claim, "Oh, yes, we assist soldiers and GET them jobs..." That is another LIE. My MOS is "supposedly" a "hot" career field in civilian markets. But, hey, I CAN"T TELL...!!!!

[yolie91767a]

I am glad that 60 mins showed this story. It makes to in spike of being the land of the free, many employees still do not have any job protection when go to active duty. I also work for an private compliance company that make federal and state labor law postetrs. Many employers will ask why do they have be in compliance with USERRRA, once I explain to them about the law, the majority of them would make a statement that they are not going to hire any employees from the miliatary. I would suggest that all military personnel need to get educated about their rights in the workplace, because many employers will not give them that information.

[cwheckman1]

On November 10, it will be 40 years after I received my honorable discharge from the U.S. Air Force. I had served more than two years in Vietnam as a pilot and had seen a considerable amount of combat. Because of this service, I have been able to work less than one year in the United States. The government has spent over a million dollars fighting my appeals and lawsuits just to keep me form working.

[nothappyatall]

If an employee comes to work and tells the company that they are being deployed, then they have time to hire a replacement. When that original employee returns from service, then the law says they should get their job back - then they SHOULD get it back. Even if it means that the replacement employee gets fired or laid off.

Posted by grouchyjohn "

I connsider them to be nothing less than Bush Cartel enablers- enabling a mad-man who failed every business he ever had his grubby hands on and doubled our national debt in just 7 years. If they cant get their old job back TOO BAD- you chose to help the Bush crime family and cartel by enlisting and making it possible to INVADE another country that had nothing to do with 9/11 and was never a threat to US, now we have a TEN TRILLION DOLLAR debt and throwing out $10 BILLION a MONTH on a krap-hole country called Iraq and for nothing.
The job is GONE if you are away 2 or 3 or 4 years helping the Bush crime family wage war, it is easy enough to eliminate the position, welcome back home- to the UNEMPLOYMENT lines LOL

[shelbysaab]

I''m glad CBS News covered this aspect of life for the many reservists serving our country. Reservist have been subject to civilian employment problems ever since our 1st major mobilization for the Gulf War in 1991. The large volume and consistant mobilization of reserve forces since 2002 has finally applified the problems with maintaining civilian employment and being a member of the reserves. Maybe something will be done now.
Again THANK-YOU Leslie Stahl&60 Min

[lynn20071]

A very good story. I am glad that it has finally come out for all to see. I like the title; Reservists Return to Rocky Job Market, now where I am, I was drafted into the Army in 1969, 1971 I was in Viet Nam, after returning I was no longer needed, I was given a 6 month early out. After working in a factory for several years, layoffs, strikes, etc, I survived that one. I got a job as a fulltime technician with the Air National Guard. I thought no layoffs, no more. After serving almost 34 years of total military serviced I was called into my commander''s office and told that I was going to be non-retained, 3 years before I would receive my military retirement. By being non-retained on the military side it caused my technician job to go away in just a few days. I am able to draw my CSRS retirement but my monthly income was reduced to more than half, now I am out trying to find another job in the job market. At age 59 it is hard to find a job in today''s market place because of the job experience and age. I know that I am not the only one this has happened too.

[econmavin]

I''m not surprised. At the end of the Vietnam war I was still a ready reservist. When I interviewed with several different employers they said that I should come back when I was out of the reserves. The didn''t want the problem of my being at Uncle Sam''s beck and call. This was despite the companies'' express policies supporting reservists. The interviewers said that they would deny their comments if I ever complained.

[econmavin]

I''m not surprised. At the end of the Vietnam war I was still a ready reservist. When I interviewed with several different employers they said that I should come back when I was out of the reserves. The didn''t want the problem of my being at Uncle Sam''s beck and call. This was despite the companies'' express policies supporting reservists. The interviewers said that they would deny their comments if I ever complained.

[friskelm]

I belive that a person who volunteers for a shortfall vacancy should not be penalized with loss of a job, but it should not be held under the same criteria as a called up and deploying soldier. I also believe that a 2 year limit on holding the job would be fair, unless the soldier was injured and in rehabilitionor held as a captive. An employer should also be relieved of USERRA if an individual has many deployements over short periods, such as several deployemnts of a number of weeks or months over a few years which does not mirror the normal call-up model.In the case of the Police Chief, I think he was treated very fairly. He was gone a lot, form a very important position, and the city retained him at his pay albeit a different job title- they actually needed his position filled so they created a job for him when he returned. I would call that more than fair.

[photogeezer]

Throwing the responsibility for this military adventure off on the Reserve and Guard was the cowards'' way out to begin with. Americans of military age have not been sold on this mess being worth their lives, so those already in the ranks are sent back for multiple combat or combat zone tours. This jobs debacle is a symptom of the bigger sickness, the effects of going to war when the country as a whole does not buy off on the reasons for the war. Employers feel no real commitment to the returning soldiers, the government feels no commitment to reimbursing employers, because the country feels no commitment or sacrifice for a war they don''t believe in.

[friskelm]

If a reservist is "called up" and if he/she is deployed for a length of time, his job should be protected for a reasonable amount of time. If the reservist "applies to deploy voluntarily, or extends his deployment voluntarily" his employer should not be held to USERRA. When a reservist volunteers for deployment or volunteers to extend his stay on deployment, it is no different than applying for a different job. If a reservist is deploying with 3 weeks notice then that is generally from a volunteer basis to fill a need for another unit and not an activation / mobilization basis. This was a longtime fight of the National Guard, to be deployed as units, not just as filler troops. I personally know an Army CW5 who found an open position and was accepted to it when he was a National Guard CW4, he voluntarily went back on active duty (prior to 2000) and had a friend in the personell center make letter calling him to active duty. He provided that letter to his employer, left his job for nearly 10 years, was promoted in rank, retired from an active duty status and then demanded his employer hire him back at his same wage. You have to look at these cases from both sides, some have valid arguments, some don''t, and some are just trying to manipulate the system.
I believe that if the military wants to have individuals called up to fill individual vacancies, then the govt should provide assistance via tax incentives to employers who maintain that individual''s job till he returns.

[rixmix98]

God bless all the brave men and women in uniform. Thrown into the meat grinder by a coward president and his war based on lies. I hope and pray that when they ALL do come home, that they find the peace and prosperity that they deserve. 77 days until the b@stard dictator is history and all his evil flunkies are gone too.

Posted by sleepyric at 10:05 AM : Nov 03, 2008



Amen to this post. And to all those serving and those that have served, I thank you for your unselfish dedication.

[mark1vietvet]

I lost my civilian job (24+ years) at BellSouth (now AT&T) for putting "Country before Corporation". I retired from my military career with 37.5 years as an US Army Special Forces Master Sergeant. I started my career with a draft notice and fought in Vietnam & Cambodia. I currently have a federal lawsuit under USERRA. Civilian employers don''t understand the new paradigm of reservists in active duty units. These civilian employers typically paid into the republican political party in power, and now the government they paid for has come back to haunt them.