Evergreen do it AGAIN!!

[Rottweiller]

Second time this year, 3rd in 12 months - ANOTHER furlough, 11 FE's and 5 FO's :angryfire

Here's to you DS :uzi:

 

[dutch747]

Second time this year, 3rd in 12 months - ANOTHER furlough, 11 FE's and 5 FO's :angryfire

Here's to you DS :uzi:

Thats frickin terrible! ALL of you guys need to bail. I hope all the furlough-ees along with my Focus Air brotheren get picked up in SHORT ORDER.

 

[Zoneload]

All the 100's are now parked.. Some of the loadmasters were let go also... This place is going down the tubes quick..

 

[unwashed]

Kalitta needs people. Send your resumes to people you know their and have them forward them to the correct people.

 

[cherry20's]

My buddy said it was only FE's that got furloughed because they parked the 3 100's. No FO's yet.

 

[landlover]

Second time this year, 3rd in 12 months - ANOTHER furlough, 11 FE's and 5 FO's :angryfire

Here's to you DS :uzi:

2nd time this year? as in 2008? if that is right, that is obsurd.

 

[Captain Happy]

So has the company said anying official yet about the 100's going away? I am on Military leave and havent heard anything. I am however first to go if they can furlough a guy while he's on mil leave.. Is that even legal? anybody got an answer to that one..

IE, can they furlough you if you are on military leave?

 

[avbug]

The company can't fire you for taking a leave of absence to fulfill military service. However, if your job doesn't exist when you return due to other reasons, it's legal. How long have you been separated from your civillian employment? USERRA makes a differentiation between less than or more than 90 days.

Less than 90 days leave (20 CFR 1002.197):

A person whose military service lasted 1 to 90 days must be promptly reemployed in the following order of priority:

1. In the job the person would have held had the person remained continuously employed so long as the person is qualified for the job, or can become qualified after reasonable efforts by the employer to qualify the person; or,
2. If the employee cannot become qualified for the position in (1), in the employee's pre-service position so long as the person is qualified for the job or could become qualified after reasonable efforts by the employer; or
3. If the employee cannot become qualified for the position in either (1) or (2), in any other position, which is the nearest approximation of (1) for which the person is qualified, with full seniority.

or more than 90 days (20 CFR 1002.196):

A person whose military service lasted 91 days or more, must be promptly reemployed in the following order of priority:

1. In the job the person would have held had the person remained continuously employed, or a position of equivalent seniority, status, and pay so long as the person is qualified for the job, or can become qualified after reasonable efforts by the employer to qualify the person; or,
2. If the employee cannot become qualified for the position in (1), in the employee's pre-service position so long as the person is qualified for the job or could become qualified after reasonable efforts by the employer; or
3. If the employee cannot become qualified for the position in either (1) or (2), in any other position, which is the nearest approximation of (1) for which the person is qualified, with full seniority.

Same thing, really. If your position is just gone...if everybody gets layed off and there aren't comparable positions available, then you may have a problem. If the positions do exist or something comparable for which you can reasonably be trained, you may have options. In any event, when you return if you're not satisfied with Evergreen's response, you can file a claim with the DoJ.

An employer is not responsible, or is excused from, the USERRA requirement to reemploy if the circumstances of the job have changed, including wide furloughs as a reduction in the workforce. The company must prove this to be the case, however, and you can still pursue the matter through the USERRA or VETS (or both).

http://www.dol.gov/elaws/vets/userra/empent_c10.asp

When an employer keeps doing the same thing to you, it becomes a known quantity. It's not a surprise. Evergreen has been doing the same thing for years.

Staying there with that in mind is an invitation to experience the same things over and over. Other operators are hiring, and will welcome your services.

 

[Captain Happy]

Thanks, I am one of the January forced vacationers... I was lucky to have had 2 months of mil leave set up prior but was curious if I can actually be put on furlough status while on Mil leave.

Thanks for the references, Big help! I appreciate it greatly.

 

[JUNK YARD DOG]

That's SOP for the Zone.. Always has and always will...