Y our Veteran Rehiring Obli-
gations Under the Law
ED I TOR 'S NOTE: This is t he seco n d of t wo ......
a rti c les o n t he a ll-importan t su b ject of Ve t eran
Reh iring. P ri n cipl es i n t he Coin Machine I n-
dust ry shoul d fam i liarize themselves wi th thei r
defi n ite o bligations u n der t h e l aw. The m ater-
i a l p r esen ted was p r e p ared fo r THE REV I EW
by t h e Research I ns titu te o f Amer ica, a u niq u e
organiza t ion w hi ch f unctio n s as liaiso n bet ween
governmen t a n d indus t ry, r e n dering advice a n d
co u nsel t o its mo r e diun 30,000 m embers
among professio n a l and busi n ess fi rm s a n d gov -
e rnment agen cies and b u reaus.
Are Probatione rs T e mporary? New
York State's Director of Selective Service,
Colonel Arthur ' V_ McDermott, has de-
clared that a worker on probation is a
"temporary" employee, not entitled to re-
employment rights_ Under th e terms of
many collective bargaining contracts, an
employee may be probationary anywhere
from 30 days to 6 months_ During that
time he acquires no seniority status_
O bservation : The United States Civil
Service Commission has ruled otherwise
on probationaries in federal employment.
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,g round that he has lost his skill, or is not
familiar with new developments, methods
or procedures that are now used in con-
nection with the job. In such situations the
employer will be expected to provide what-
ever training or education is necessary to
fit the veteran fully for his former job_
This is considered by Selective Service to
be a definite part of the employer's rehi'r-
They are considered permanent employees
ing obligations.
."
and will be restored to their fo rmer posi-
As one court put It: Men and women
tions on the pre-existing probationary
returning from military service find them-
basis_
selves, in countless cases, in competition
Is Ve teran " Still Qualified t o P e r-
for jobs with persons who have been fill-
f o rm Forme r Duties?" Although the law
ing them in their absence_ Handicapped as
says that a veteran need not be rehired if
they are bound to be by prolonged a~sence,
he is no longer qualified to do his old job,
such competition is not part of a faIr and
this provision will be constru~d very
just system and the intention was to elimi-
liberally in favor of the returning service-
nate it as lar as reasonably possible."
man_ Selective Service has clearly indi-
Observation : Whether or not a veteran
cated that a refusal to rehire will be justi-
is "still qualified" is not to be determined
fied only where the veteran is suffering
on the basis of higher or more rigorous
from such mental or physical disabilities
standards than existed before he left his
as would make it impossible for him to
job_ Furthermore, he is not supposed to
perform his former duties - - - for instanc~,
meet standards which the employer may
a linotype operator who has lost , hIS
decide to set for others with no reemploy-
hands_
ment rights. Where a position has been
Note, however, that if the use of artifi-
ungraded to such an extent that it is be-
cial devices would make it possible for the
yond the veteran's skill even after a re-
veteran to do his old work he cannot be
fresher or retraining course, he is still en-
considered "unqualified"_ Nor can an em-
titled to a job comparable in skill and
ployer refuse to rehire a veteran on the
equal in seniority, status and pay to that
which he vacated.
.
W h en Do th e 90 D ays of Grace Be-
gin ? Last December C?ngres~ ~xten~ed
from 40 to 90 days the tIme wIthm 'whICh
the veteran must apply for reinstatement
under the law_ This 90-day period begins
with the date of the veteran's receipt of
his discharge papers, or the date of h~s
release from hospitalization, unless hOSPI-
talization continues for more than one year
after discharge_
GeneraHy, the veteran must not only ap-
ply for his former post within the 90-day in-
terval but must also be able, ready, and
willin~ to commence work at the expira-
tion of that period. Selective Service holds
that the veteran will lose his reemployment
rights if he fails actually to report for
work until after 90 days have elapsed,
despite the fac t that he .m~y have .ap-
plied for reinstatement withm the tIme
limit_
Observation: You may, of course, re-
hire a veteran who has not taken the steps
required by law; but in that case you lose
certain of the protections the law grants
employers_ For instance, the reinstatement
of a veteran may necessitate the discharge
of another worker who is covered by a
union contract. If the veteran has been
rehired in accordance with the Selective
Service Act, that law protects you against
any legal action on the union contract.
You would be open to such action, how-
ever, if the veteran were rehired outside
th e framewo rk of the Act_
Where an employer on his own volition
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161 W. Huron St.
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