Military Careers, commissioning programs - Marine Corps Times

Protected Status

The law provides a period of protection for reservists returning from active duty to prevent “bad-faith” re-hiring, in which companies hire reservists to comply with the law and then fire them.

Reservists who were previously employed for more than 30 days cannot be fired without cause during their first six months back on the job. Service members returning after more than 180 days of service cannot be fired without cause within one year.

However, the right to return to work is not absolute. Returning Guard and reserve members may not be re-employed if the employer’s circumstances have changed, making re-employment unreasonable or impossible.

The law does require employers to provide refresher training to sharpen employees’ skills and additional training if new equipment or technologies are used on the job. Reservists who incur disabilities due to military service have the right to be rehired and, if necessary, retrained for their former civilian jobs.