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Last Post 07/11/2009 1:19 AM by  mbradbury
Military reserves and a cat adjuster
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adjusterclay
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06/23/2009 12:27 AM
      If you are on a storm and you have to leave that weekend for duty, would that be the end of working for that company.  If you are an independent adjuster, does the company you work for have to abide by the government rules that allow you to go to duty without worry of being fired?
    Tom Toll
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    06/23/2009 1:32 PM
    That provision is for paid W-2 employees. It does not apply to contractors or sub contractors, which is what you are. So the answer is  no, they do not have to take you back.  I doubt that a  vendor would be upset with your having to leave just for the week end. Just be current in your inspections and reports. Many of us take a week end off just to relax.
    Success is not final, failure is not fatal: it is the courage to continue that counts.
    okclarryd
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    06/23/2009 10:31 PM
    I think the answer here is that the adjuster needs to make the company aware of his/her obligations and when they are.

    Most companies are flexible with their adjusters if they just know ahead of time.
    Larry D Hardin
    adjusterclay
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    06/25/2009 11:02 PM
    I am w-2 with Pilot, but I am still classified as a temp.
    Lomas Adjusting
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    06/27/2009 1:40 AM
    I am a reserve soldier, and though most of what I do now is daily claims, I started working CAT claims.  I never had a problem with a company in regards to my having to attend duty.  Stay up on your reports, and when you know you have duty that weekend, scope extra heavy all week so you have claims to write on the plane.  Most of the time the storm supervisor never even knew I was gone.
    Ray Hall
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    06/27/2009 12:50 PM
    Way to go Natsa23. This county and this profession needs more like you. God bless you and your family for all the dedication.
    Tom Toll
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    06/28/2009 12:10 PM
    I agree with Ray. Love of work and love of country go a long way with me, but that's just me. I believe the cliche is, been there, done that. Thank you for your service and may the cloak of protection be always with you.
    Success is not final, failure is not fatal: it is the courage to continue that counts.
    rickhans
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    06/30/2009 10:59 PM
    If this ever became a major issue, I suggest looking further into the law.  I don't know about this specific question, but there was a lawsuit filed recently in Dallas that in some respects could be similar.  A reservist was deployed to Iraq.  He owned a sandwich franchise that he had purchased and operated for some time.  When he deployed, he made arrangements for the store to be managed, but while he was gone, the store was closed by the franchisor and then sold, creating a default on loans he had taken out for the store.  (These details are not real accurate, but a search on this on the internet will show all of the details of the transactions).
     
    He has filed a suit against multiple parties for violating the federal laws involving military duty and deployment.  From what I read, the laws are complex and may not apply to weekend duty, but probably do apply to independent business owners which we are when working as independent adjusters. 
     

    Lomas Adjusting
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    07/01/2009 12:57 PM
    In a very small nutshell, what the law states is that if an employee is deployed, upon their return the employer must give them either their job back, or a similar position making the same amount of pay and requiring the same amount of work. An employer is also required to release a soldier for their weekend duty. If the soldier is a key employee and there is an important function that is conflicting with the battle assembly (drill weekend) then MOST reserve units will work with the soldier to allow them to re schedule their training for a later date. I have never run in to a situation where the unit was unwilling to work with the soldier or their employer until it got to be a recurring event every month.

    Adjusterclay, if you need more specific information regarding your position with Pilot, you should contact your local ESGR (Employee Support for Guard and Reserve) office.
    okclarryd
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    07/05/2009 12:53 PM
    Adjusterclay,

    Thanx for your service.

    I am willing to bet what Pilot paid me last year that they will be more than willing to work with you as to your service demands.

    This ol' Namvet never had ANY issues with them in this regard nor have I ever heard of anyone that did. Communication is the key.

    And, as Natsa23 explained, if you work a little harder on that week, knowing that you're gonna be gone, no one will say a word.

    And, thanks again.
    Larry D Hardin
    mbradbury
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    07/11/2009 1:19 AM

    I'd say most companies wouldn't really mind the situation as long as they're made aware of it.  However, some companies, or even more specifically certain managers, may want to give you crap about it.  At the end of the day the decision is yours to decide to let them know or not.  If you decide to not tell them because you are concerned about negative treatment, I would bear in mind that some companies require daily contact reports or the like be emailed in.  It varies by company, but if you got everything together in advance, maybe you're wife could just send the email for you.  I understand it would be sort of difficult to do that whilst laying in a bivy sac in out in the woods.

    I think you should just tell them the truth up front, but you do have options.  Oh, and when I say up front, I mean AFTER they have deployed you, but prior to having to leave for drill.  Take care.

    I do it because I want to provide a better life for my family than my parents could provide for me.
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