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Thread: Must I Rehire a (disabled) Iraq Vet?

  1. #1

    Must I Rehire a (disabled) Iraq Vet?

    This is good to know.


    Must I Rehire an Iraq Vet?
    By Anne Fisher, Fortune senior writer
    A small business owner wonders whether he is obligated to take back a former employee who returned from Iraq with an injury.



    (FSB Magazine) -- Dear FSB: One of my best employees, who was an Army Reservist, shipped out to Iraq about a year and a half ago. We are a small shop (eight people, including me), and I had to hire someone to replace him. Now he is home, and he wants his old job back, even though because of a spinal injury he isn't physically able to do the work he did before: installing boilers. How do I handle this? --Dave Lounsbury, Narrowsburg Mechanical, Narrowsburg, N.Y.


    Dear Dave: Every once in a while (and not just every April 15), Uncle Sam expects us to step up and do something for our country. This may be one of those times. According to the federal Uniformed Services Employment and Reemployment Rights Act (dol.gov/vets), an employer, no matter how small, must rehire returning veterans, either into the jobs they had before or - thanks to the statute's so-called escalator provision - into more senior positions they would have attained had they not been called to active duty.

    If your former employee were still physically able to do his old job, you'd have to give it to him and let the new worker go. "It's a harsh result" for the replacement hire, notes Matthew Gilligan, a partner in law firm Alston & Bird in Atlanta (alston.com). "But, because the law requires it, you or your firm would incur no liability."

    Because this injured veteran can no longer perform his old job, it gets a little trickier. The law obliges you to find a job he can handle and give him that one - again, even if it means you have to reassign or sack whoever is doing it now. What if there is no such job? Do your best to create one. (Office manager? Bookkeeper? Telephone sales?)....


    http://smallbusiness.aol.com/manage/...22172209990001

  2. #2
    What a horrible position for the Iraq vet and for the small business employer to be in. Especially the vet.
    Daniel

  3. #3
    Quote Originally Posted by antiquity
    This is good to know.
    In one sense it is, in another it's financially ridiculous for some small businesses to have to adhere. What if sacking an AB and trying to find a job for the vet renders the whole business no longer viable and it closes? Everyone loses.

    I don't have an answer. Maybe some adjudicating body which looks at each case on its merits?
    C5/6 incomplete

    "I assume you all have guns and crack....."

  4. #4
    If he can still do his job with a reasonable accommodation they have to give it back to him.

  5. #5
    Quote Originally Posted by RehabRhino
    In one sense it is, in another it's financially ridiculous for some small businesses to have to adhere. What if sacking an AB and trying to find a job for the vet renders the whole business no longer viable and it closes? Everyone loses.

    I don't have an answer. Maybe some adjudicating body which looks at each case on its merits?
    I like you Rhio, but JESUS would you volunteer to die for your country? i KNOW YOU DONT LIVE IN THE u.s.a. BUT, To me, this is the ultimate sacrafice, given the economic times we live in. This man should be treated as royalty and be provided EVERY opportunity our social services has.
    "One country............and LIBERTIES FOR ALL"

  6. #6
    Quote Originally Posted by Lizbv
    I like you Rhio, but JESUS would you volunteer to die for your country? i KNOW YOU DONT LIVE IN THE u.s.a. BUT, To me, this is the ultimate sacrafice, given the economic times we live in. This man should be treated as royalty and be provided EVERY opportunity our social services has.
    "One country............and LIBERTIES FOR ALL"
    Liz

    I agree. That wasn't my point.

    Imagine a small hypothetical business similar to this one. Two guys, one is old and has run the business for years and the other one does the hard physical work required to install boilers.

    The business doesn't make enough to employ three people so when the vet comes back the new AB boiler fitter is moved on and the old guy and the vet are the two employees of the business. Who installs the boilers?

    Does the law force that scenario? I'm not sure, I'm asking the question.

    I agree that there should be EVERY opportunity for disabled people returning to work but if the law is so black and white how does it help the vet if the boiler business closes due to having to re-employ him because it cannot fit any or enough boilers?

    In the UK there is an organisation called Return to Work which I think would help with such a situation, even paying the vet's wages while he was retrained or the business found a way to accommodate three employees profitably.

    I'm not saying he should be left without a job.
    C5/6 incomplete

    "I assume you all have guns and crack....."

  7. #7
    ]

    Yes, I agree. Those in the trade profession do fit into a unique situation. At this point, the services the government can provide should be of utmost priority.

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