Ask The Lawyer

By Debra Roth

Q & A Session – Full Time Job Offer with Conditions of Employment

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

My husband accepted a position to serve overseas with the Department of the Army. He left a position with another organization that does not support the war fighter effort. The position was rescinded due to medical issues that arose with the pre-deployment station. His personal doctor said he was fine to go serve. He corrected the medical issues two weeks later and now has no job to return back to. What is the Department of the Army supposed to do in these circumstances?

A:

Your question does not provide enough information. Did your husband previously work for the Department of the Army? If so, why can’t he go back to his old job? If the medical situation is corrected, why can’t he go to the new job? If your husband resigned from another agency and the Army disagrees that the medical condition has been rectified, a reassignment may be possible. If not, disability retirement may be a recourse.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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