BLUF: my employer uses a “points” based system to determine pay. Someone gets X amount of point per hour per day based on the client you’re consulting for. Long story short… I just found out that days I am performing reserve duty, I earn less points per day (aka less dollars per day) thus I am earning less than my given salary. Is that legal or does that violate USERRA?

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I don’t think it violates it, because they’re not required to pay you while you’re on drill or AD. But maybe there’s an expert on here who could chime in. I’m experienced, but not an expert.

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Who knows if it’s legal or not. Bottom line it’s unethical and you shouldn’t work for an unethical employer.

And USERRA is a joke and ESGR is an even bigger joke. Good luck with that.

Just quit. F that employer. Go check out Friendly Forces to find ACTUAL guard friendly employers. For Guard/Reserve by Guard/Reserve.

The practice of paying employees regardless of the fact that they are absent from work performing military duty is exactly the kind of benefit that gets companies listed on Friendly Forces. It is completely optional to do that. The vast majority of companies offer either no pay/job protection only, differential pay, or a limited number of hours per year of full pay. It sounds like this employer is better than most when it comes to guard/reserve friendly employment. Certainly they are doing significantly more than USERRA requires.

USERRA does NOT require employers to pay you while you are performing reserve duty. It only requires them to not terminate you or discriminate against you for advancement due to performance of your military duty. If the same point system is used to select employees for advancement/promotion, that would likely be a USERRA violation, though I would encourage you to discuss the particulars with your local ESGR office.

^ This. It should be viewed in the context of performance evaluation. Not a time vs. pay calculation (unless you’re objectively making less per logged hour).

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