I was recently hired back into the guard, had a 4 year break in service but decided to get back in to finish out my time since I had 10 years on active duty. I have not sworn in yet, in the process of getting back in. I let my civilian employer know that I would be returning to the guard part time (4 days a month) and now they posted my job online trying to fill immediately. I have not been let go, yet.. Since I am not in the guard yet do I have any protection against being fired?
Here is an excerpt from USERRA, which covers future service (note 3):
USERRA is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other uniformed services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The law is intended to encourage uniformed service so that the United States can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals.