Where Fun Comes to Die

USA Today recently reported that the National Guard is cutting back its recruiting efforts after receiving more than enough qualified applicants:

The Guard has already cut some bonuses, stopped accepting convicted felons on special waivers and lowered the maximum age for recruits.

What accounts for the sudden uptick in applicants?  Unemployment is an obvious answer: as more individuals get laid off or have their hours cut back, the Guard is a relatively accessible way to supplement income.  For those savvy would-be Guardsmen, though, the trick is to enlist right before you get fired and avoid unemployment altogether.  How?

Federal law under USERRA prohibits the termination of employees who belong to the United States military for certain military related reasons.  One of these is a broad prohibition on firing anyone who has recently served more than 30 days of active duty without cause:

C.F.R. Sec.  1002.247  Does USERRA provide the employee with protection against discharge?

Yes. If the employee’s most recent period of service in the uniformed services was more than 30 days, he or she must not be discharged except for cause–
(a) For 180 days after the employee’s date of reemployment if his or her most recent period of uniformed service was more than 30 days but less than 181 days; or,
(b) For one year after the date of reemployment if the employee’s most recent period of uniformed service was more than 180 days.

In other words, if you serve for 30 days active duty, the law presumes that if your employer fires you within 180 days, it is because they are discriminating against your military status.  Employers face an uphill battle (and near certain legal challenge) explaining that there was sufficient “cause” to discharge the employee.   Luckily for new Guardsmen, basic training lasts 9 weeks, well into the 30 day requirement.  The result is that after basic training, new Guardsmen are practically guaranteed not to be fired within 180 days of their reemployment.  In an economic downturn as fast as this one, hopefully 6 months from now the Guardsman’s employer would have done all the firing that he needed to do and the Guardsman would be one of the few left standing.

No wonder the National Guard has stopped handing out $20,000 bonuses — people who know they are on their employed days are numbered would join just to avoid being fired.