Kentucky's Gov. Beshear

[vnvetlester]

Eric Landis,an Air National Guardsman who had served as a staffer to Gov.Steve Beshear's predecessor, Ernie Fletcher was fired from his job after returning from active duty.
In violatation of state and federal law,Eric was fired less than a month after he returned to his job. This tasteless act is legally deficient and morally repulsive. This sends a bad message to active military and National Guard, and people who are planning to join the military here in Kentucky and all the other states.
We Vets and active military here in Kentucky now know where Gov. Beshear and his staff stand about the military.We are sending him and his staff, a message about what we think of him and what he has done. We all can tell him to rehire Eric to his previous job. Please call his office and tell him to rehire Eric and when you call, tell whoom ever answers if you are a Vet, the state you live in or if you are a military supporter. His phone no. is 502-564-2611

[TinCanMan]

I don't have a dog in this fight and don't know the details but the term "staffer" is being used and I can only assume the position was a political appointment and not a competitive civil service position. If that's the case, I'd doubt there are any protections to the job, veteran or not. Every administration expects to appoint it's own aids and those positions come and go with the elected official that appointed them.

Is this one of those political appointments?

[vnvetlester]

Originally Posted by TinCanMan

I don't have a dog in this fight and don't know the details but the term "staffer" is being used and I can only assume the position was a political appointment and not a competitive civil service position. If that's the case, I'd doubt there are any protections to the job, veteran or not. Every administration expects to appoint it's own aids and those positions come and go with the elected official that appointed them.

Is this one of those political appointments?

I don't know that for sure TinCanMan but he still falls under the law and was not retained for the 180 days after he went back to work.

[TinCanMan]

That's what I was getting at. Political appointee's aren't covered by USERRA laws. I hear someone saying he is but I also understand the media circus lives and dies with sensationalism. The DoL is responsible for investigating and prosecuting USERRA violations. It's a simple matter to file a claim. The question I have is; is this a political appointment or a civil service position? Unfortunately, nothing is being said online. Have you heard any more?

I did find this piece:
Landis' old position was a non-merit job -- filled at the governor's discretion -- but the state law explicitly says that the active duty provision applies to both political appointees and rank-and-file merit employees.

I know Federal Law doesn't protect the jobs of apointee's and I see where someone says State law does. Personally, I can't imagine that. We'll have to wait till this plays out. It sounds like politics to me.

We had a similar situation here. Secretary to long term (16 years) mayor is replaced when Mayor loses favor. She appeals under ADA claiming she was fired because she takes too many trips to the john. New Mayor offers her a job with water department. She refuses. Big stink in papers for a year bur eventually she loses. Just politics.

[vnvetlester]

Originally Posted by TinCanMan

That's what I was getting at. Political appointee's aren't covered by USERRA laws. I hear someone saying he is but I also understand the media circus lives and dies with sensationalism. The DoL is responsible for investigating and prosecuting USERRA violations. It's a simple matter to file a claim. The question I have is; is this a political appointment or a civil service position? Unfortunately, nothing is being said online. Have you heard any more?

I did find this piece:
Landis' old position was a non-merit job -- filled at the governor's discretion -- but the state law explicitly says that the active duty provision applies to both political appointees and rank-and-file merit employees.

I know Federal Law doesn't protect the jobs of apointee's and I see where someone says State law does. Personally, I can't imagine that. We'll have to wait till this plays out. It sounds like politics to me.

We had a similar situation here. Secretary to long term (16 years) mayor is replaced when Mayor loses favor. She appeals under ADA claiming she was fired because she takes too many trips to the john. New Mayor offers her a job with water department. She refuses. Big stink in papers for a year bur eventually she loses. Just politics.

I read the article in the local news paper about two weeks ago about him,but of cource the paper got thrown out. His job was an appointee so that means it wasn't civil cervice. The info I got from the paper I posted said that he did fall under the law that requires them to keep him for 180 days. Our new govenor is pushing for casinos in the state and thats all he is interested in. This was a political move and it is back firing in his face. He is catching hell from all sides.

[TinCanMan]

I figured it was political, but not living in KY, I don't have a sense of what's going on or why. My understanding is he isn't covered under Federal law at all (USERRA) but State law says he's covered for a year. I could probably find statuted for KY but searching for veterans issues could prove challenging. Too much work for me. I'll wait for it to shake out. If you hear something new, please post it. These are things veterans all need to know.

[vnvetlester]

Originally Posted by TinCanMan

I figured it was political, but not living in KY, I don't have a sense of what's going on or why. My understanding is he isn't covered under Federal law at all (USERRA) but State law says he's covered for a year. I could probably find statuted for KY but searching for veterans issues could prove challenging. Too much work for me. I'll wait for it to shake out. If you hear something new, please post it. These are things veterans all need to know.

I'll post anything else I can find out TinCanMan. this doesn''t need to happen to any GI just coming back from active duty. Thats one thing that compounds PTSD.

[nurseflo]

I agree that many Vets get a raw deal.I wish I could change it all.I do have a vested interest.