Temple Hills, MD asked in Employment Law for Maryland

Q: Can my job refuse to reemploy me because I enlisted in the US ARMY. I gave my resignation and sent copies of paperwork.

I gave my job my notice of resignation due to enlisting in the US ARMY. I just found out that my ship out date was pushed out to at least May 19 due to the coronavirus. I was only able to give them a one week notice due to the original date being 3/24/20. When I tried to ask if I could back to work they said my resignation has already been processed and it is too late to change things. When I sent in my resignation I also gave them copies of my paperwork saying I was enlisted.

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1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
  • Hunt Valley, MD
  • Licensed in Maryland

A: On the limited facts given, USERRA would seem to apply to this situation, and might protect the right to reinstatement following the change in ship out date. However, you'd need to discuss all the facts and circumstances with an attorney. It might be a situation where hiring an attorney to talk to the employer would do the trick without having to pursue legal action.

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