National Guard...discrimination

[AirborneJones]

I began applying with a local PD initially about a year and a half ago. I was not hired and was sent a letter stating I was no longer being considered. It is a civil service city and I was number on the written test out of the two others that passed out of 28 testers. I was the only applicant who was certified and had college. I have a clear background, not even a traffic ticket since 2003. Since then I have applied three more times for just reserve now that I have a full-time job in the National Guard as a recruiter. All three times my packet was "lost". Is it possible that I am not being hired because of my National Guard service? We are supposed to be protected by USERRA laws but with law enforcement it seems hard to enforce when discrimination is suspected. It would just be nice to know I am not being rejected because there is something wrong with me or my background.

[PhilipCal]

I began applying with a local PD initially about a year and a half ago. I was not hired and was sent a letter stating I was no longer being considered. It is a civil service city and I was number on the written test out of the two others that passed out of 28 testers. I was the only applicant who was certified and had college. I have a clear background, not even a traffic ticket since 2003. Since then I have applied three more times for just reserve now that I have a full-time job in the National Guard as a recruiter. All three times my packet was "lost". Is it possible that I am not being hired because of my National Guard service? We are supposed to be protected by USERRA laws but with law enforcement it seems hard to enforce when discrimination is suspected. It would just be nice to know I am not being rejected because there is something wrong with me or my background.

The discrimination you reference is a possibility, but in my opinion, a remote one. Many Civil Service Agencies employ what is known as the "Rule of Three". This means that an Agency head can select any of the top three applicants on the list. He is not bound by an applicant's standing on the list. On quite a few agencies, the rule of three can be expanded really to any number permitted by Civil Service regulations. This figure will usually max out at about ten. I am not an expert on the application of USERRA laws, but I'm confident in saying that if you alledge that you were discriminated under the provisions of that act, the burden of proof would be on you. I would suggest that you continue to apply. This, on the theory that you'll be a fit with some agency.

[AirborneJones]

I understand the burden of proof is on me. That is why I am not going to bring it up or press the issue. I understand the rule of three and I am ok with it. My problem is that as I investigated further I found out that they had not called any of my references and none of my past employers. It appeared as if they had not even done an investigation at all. I just don't understand how they can choose not to hire me without even doing a background check. The only reason this bothers me is because I know that this is a problem with reserve soldiers. We may end up being the most qualified for any type of job but as soon as they discover we are in the reserve military we become second on the list. It just bothers me

[asal]

I am in the Air National Guard awaiting Tech School and I was told that if I go to Tech School (4months) that I would have to reapply when I am out of Tech School even if Tech School didnt interfere with going to the academy etc...

[District B 13]

You have no right to be hired. They don't have to hire you.

[asal]

But if I do get hired, they have to let me go to Tech School and restore me to the same postition and status as when I left.

[AirborneJones]

If they or any employer chooses not to hire us due to our military obligations then they are in violation of the userra laws. I would fully expect a law enforcement agency to uphold all laws to include but many find loopholes to get around them in the hiring process. I do not think it is fair for my service to my country to be considered a negative thing.

[asal]

I understand sir that I have no right to be hired, I'm not entitled to anything just like everyone else. Ultimatley I could be refused employment for almost any reason an employer merits, it's their decision. I just remember being told by my commander about the rights Guard members have when they are employed which would not apply until I am employed. I personally feel that to not hire someone because they are in the Guard is wrong.

[AirborneJones]

I took an active duty job in the Guard after I was denied. Since then I have applied for reserve only. When I applied the first time for reserve the pd had an interim chief who told me the fired chief would not hire reserve military folks. He said their packets would just hit the trash. I interviewed with him for reserve personally and he told me I was in but that they would do a background anyways. It was not too long after that a new chief was hired. Since then my packet has been lost twice and he is looking into it. The new chief never even knew I applied. On my background. I have a top secret clearance that I got two years ago so my background is clean. In the hiring process I did not even make it past a background which is what I do not understand.

[SCSO612]

No one cares about your security clearance, that means squat in the civilian world...

I believe this is not true. Having a security clearance shows that you have been vetted by the US OPM as having the character and background necessary for sensitive work. I have a TS/SCI in the National Guard for my MOS and it was very helpful in my hiring process with the Sheriff's Office. The investigator even made a comment about how it demonstrated responsibility and maturity for someone my age (23 then, 25 now). Just my thoughts.

[AirborneJones]

I am a recruiter. I have already received approval to reserve. I also ten to make up my own schedule.....still can't get it under 60 hours lol. I will try with a different dept soon.