Can I be fired for going to MEPS?

Q: Can I be fired for going to MEPS?

A: In most cases, no, you cannot be lawfully fired solely for attending a Military Entrance Processing Station (MEPS). Your attendance is protected under federal law, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA). However, you must follow proper notification and procedural rules to ensure this protection applies.

Q: What federal law protects my job when I go to MEPS?

A: The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the primary federal law that protects civilian job rights and benefits for veterans and members of the uniformed services. It applies to all U.S. employers, regardless of size. USERRA considers time spent at MEPS as “service in the uniformed services,” which grants you protection from discrimination and retaliation.

Q: What specific protections does USERRA provide for MEPS attendance?

A: USERRA provides two key protections:

1. Non-Discrimination: An employer cannot deny you initial employment, reemployment, retention, promotion, or any benefit of employment based on your membership, application to join, or obligation to serve in the uniformed services. Attending MEPS falls under this.
2. Prompt Reinstatement: Upon returning from MEPS (which is typically 1-3 days), you are entitled to prompt reinstatement to your civilian job with the same seniority, status, and pay, as well as any benefits you would have attained had you remained continuously employed.

Q: What are my responsibilities as an employee to ensure this protection?

A: To be fully protected, you must:

• Provide Advance Notice: Give your employer as much advance notice as possible of your planned absence for MEPS. Verbal notice is sufficient, but providing written notice (email) is best for creating a record.
• Request Leave: Clearly state you need time off for “military obligation” or “MEPS processing.” You do not need to provide extensive details, but you must make the military nature of the absence clear.
• Return to Work Promptly: Report back to work at the beginning of your next regularly scheduled shift after your MEPS visit concludes, unless delayed by unforeseen circumstances. For longer absences (e.g., for Basic Training), specific return timelines apply.

Q: What if my employer fires me anyway?

A: If you are fired after notifying your employer of your MEPS attendance, it may constitute a violation of USERRA. You should:

1. Document Everything: Keep copies of your leave request, any written communication, and a record of the termination reason given.
2. Contact an Attorney: Seek legal advice from an attorney who specializes in military or employment law.
3. File a Complaint: You can file a complaint with the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigates USERRA violations.

Q: Are there any exceptions where an employer could legally terminate me?

A: An employer could potentially terminate you for reasons unrelated to your MEPS attendance. For example, if you were already under documented, progressive discipline for performance issues or misconduct unrelated to your military service, your attendance at MEPS would not shield you from that existing disciplinary action. The employer bears the burden of proving the termination was for a legitimate, non-discriminatory reason.