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Jason Orcamoon's avatar

I am a retired union pilot who used to represent pilots first under the Veteran Reemployment Rights Act (VRR) and then USERRA: Uniformed Services Employment and Reemployment Rights Act. I am NOT an attorney but worked with labor side lawyers. I am also retired from the Air National Guard.

There is an economic downside to Trump activating 4,000 CA National Guard troops. I would estimate that 90% of those activated gave their employers short notice that they were not coming into work. Many are taking pay cuts, some significant, while being separated from their families. 

USERRA was passed by Congress in 1994 to replace and strengthen VRR. Employers quickly figure out that having an employee who is in the Guard is expensive. USERRA case law demonstrates this tension. These activations will generate USERRA cases.

When you are in a Guard unit, you are mentally prepared for national emergencies like 9/11. Frivolous activations will hurt retention and impact our national security going forward. The SF Chronicle pictures of soldiers sleeping on the floor of a loading dock in LA are a perfect example of what causes retention issues. 

If Trump activates Guard units across our country the economic impact will be significant and our future readiness will suffer.

U.S. Department of Labor (.gov)https://www.dol.govUniformed Services Employment and Reemployment Rights Act

Employer Support of the Guard and Reserve > Home

https://www.esgr.mil/

Law Center - ROA

https://www.roa.org/page/LawCenter

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Gail S. Nsentip's avatar

I'm feeling very proud of my Govenor, Gavin Newsom tonight - he stood up to the bully!

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