Can an employer not hire me because of my National Guard schedule?

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Can an employer not hire me because of my National Guard schedule?

I went to a job fair and was told in one of their on the spot interviews that they could not hire me because of my Guard schedule. Now I’m applying to a national retail chain and this may be the case there as well. Is this legal? What can I do? I don’t want to get all crazy and sue the pants off anyone, I just want a job.

Asked on February 18, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, an employer needs to make sure you would be available. It is one thing if you are hired and called to active duty elsewhere. The Soldiers and Sailors Act to some extent would help. But right now, if you are on an odd schedule with the Guards, you would need to find a position wherein you could work and have it not interfere with the job.


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