Can my employer fire me if I get deployed overseas while in te military reserves?

Will my employer still pay me while I'm deployed overseas? I am in the Marine Corp active reserves if that helps.

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  • Anonymous
    1 decade ago
    Favorite Answer

    can not fire you while you are deployed

  • 1 decade ago

    No, not at all. It is called the Soldiers and Sailors Civil Relief Act. This act provides that you are entitled to your original job or equivalent job upon your return. This also means that if your employer hired someone to work in your place while you were gone, the employer cannot favor the new hire over you (even if the new hire does a better job). If the employer only has room for one, then you are the one, and the new hire must be let go. You are also entitled to any and all promotions, raises, and other accolades as if you had never left.

    There is, sadly, an exemption. If the employer can prove that your position were deleted (you would have been laid off), then they do not have to bring you back.

    Take it from me, I experienced this first hand coming home from the first war in the dessert. My employer found out pretty quickly he broke the law when I brought down the full force of the US Navy Legal office and the State Senator's office.

    God Speed on your deployment

  • 1 decade ago

    No they can not fire you, they just have to hold a position for you. And no they don't pay you while you are deployed overseas.

    I have only heard of one business paying the difference of pay between what the military was paying and what you got paid from that business and that was SEARS. That is why I go there a bit more often.

  • 1 decade ago

    Your employer can not fire you while you are deployed. That is part of the Service members Civil Relief Act, formerly called the Soldiers and Sailors Relief Act. Here's a link for you: http://usmilitary.about.com/od/sscra/l/blscramenu.... , this should answer all your questions. If in doubt visit base legal. Also, they are NOT required to pay you though some employers do of patriotism.

    Source(s): Active Duty USAF
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  • Mrsjvb
    Lv 7
    1 decade ago

    they are not required to pay you while you are deployed. some are nice enough to pay the difference between your military pay and your civilian salary, but it is not required.

    they may not 'fire' you, all they must do is give you back a job with equal pay and responsibility as the one you left when you deployed. BUT if your position was terminated in the normal course of events, that is legal.

  • J S
    Lv 4
    1 decade ago

    They can't fire you, it is against the law. They will NOT pay you unless you have the greatest boss EVER. In an interesting class, they tried to fire a city coucil member who couldn't do his job because he was deployed. They did, but he got it back when he returned.

  • 1 decade ago

    No. There are laws on the books protecting Guard and reserves from losing their jobs because of military service. I can't remember the name of the act, but your employr should have this posted in plain view.

  • 1 decade ago

    Best thing you can do is be open and honest with your employer and hope he/she supports you. There is a big difference in what protections the law allows you and what employers actually do.

  • 1 decade ago

    No, there are laws to protect reservist who are called to active duty (USERRA Act 1994. Businesses are required to hold a position that is equal to the one you held before your departure. They do not need to continue your benefits while you are gone, however.

  • Anonymous
    1 decade ago

    No they will old "A" position for you, but it may not necessarily be the position you held before. Some companies have time limits, and no they will not continue to pay you.

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