“Fired for Serving My Country”

Randy Rivera takes it to the street (Edison, NJ – 11/10/11)

On the way home today from the OWS March, I drove past this man with the sign above.

So, I stopped and asked him what his story was.

My regular readers know that I am not a military supporter, but this story seems deeply unjust.

Randy Rivera, a former EMT for Edison Township, claims he was suspended in March 2009 and then fired in December 2009 for two episodes of insubordination after his supervisor refused to grant approval for his absence to re-enlist in the National Guard and to attend a subsequent training event in Alabama.

I expressed sympathy and did some Googling on him when I got home.

There doesn’t seem to be any press reports on his firing, but his suspension story was reported on June 29, 2009 by NJ.com – it is so outrageous that I print it in its entirety.

This case demands investigation by press and public officials – it looks like Rivera prevailed in a US Department of labor hearing on his suspension. It also looks like personal free speech was involved in the Facebook posting episode.

EDISON EMT CHALLENGES SUSPENSION ISSUED OVER ‘MILITARY STATUS MISREPRESENTATION’

NJ.COM – June 29, 2009 – A township emergency medical technician is challenging a three-and-a-half-month suspension he was issued for insubordination, unauthorized absence and misrepresentation of military status.

In March, the township denied Randy Rivera’s request for 13 hours off that he said he needed for military service.

Rivera took the unauthorized day off on March 13 and went to the Army National Guard office in Woodbridge to re-enlist, which took a few hours in the morning, he said.

“I asked for 13 hours” one full day’s leave” because I didn’t know how long it would take, when it was done in few hours, I called and took the second half off as a personal day,” Rivera said.

The township paid him for that day

.

Shortly after, the township suspended Rivera ” with pay” on March 18 until the conclusion of a disciplinary hearing, when Rivera was charged with insubordination, unauthorized absence and misrepresentation of military status.

He was then suspended for 60 days without pay.

The township said Rivera was suspended because “he misrepresented what he was going for and how much time it would take.”

Fire Chief Norman Jensen explained that Rivera told them he needed 13 hours off to go to Fort Dix, when actually he was just going to Woodbridge to re-enlist.

“We always support the military and give our employees time off for that,” Jensen said Friday. The township is obligated to pay up to eight hours of time, or the difference the individual doesn’t get paid for eight hours of time served in the military that day.

Rivera later filed a complaint with the U.S. Department of Labor, claiming a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The U.S. Department of Labor issued a letter to the township on April 29 advising that the township “take action to withdraw the suspension, reemploy Mr. Rivera and restore any lost wages or benefits due to him.”

Jensen said the township’s lawyers got in touch with the Department of Labor after getting the letter and have explained the reasons for Rivera’s suspension. He said he hasn’t heard back from the federal agency.

Rivera said the case is currently with the U.S. Attorney General’s office.

David Houle, regional administrator at the U.S. Department of Labor, confirmed “the case is still open with the U.S. Attorney General’s office,” and therefore declined comment.

Also considered in the disciplinary hearing before the suspension was an exhibit of Rivera’s Facebook page, which said “(Expletive) the Chief,” and other derogatory things about the fire chief. According to a transcript of the hearing, Rivera admitted to the content of his Facebook page but added that he was certain he did it while on his personal time.

He has since deleted his Facebook account, he said.

Rivera earns $34,000 from his Edison job. He also does part-time work with other municipal agencies, he said.

Rivera’s suspension ends today.