Why would CX ever hire an American again with potential Military commitments?
Now we have heard the other side of the story, I dont think they would mind at all. The company seemed to have opened up the lines of communication with the consulate in HKG. I dont think anyone would get away with abusing the system again.
Totally, are you suggesting OLA, USCG HKSAR or JAG. COMFORNAVJAPAN seems to have clarified the situation somewhat.
Just reading what is included
"Dan King, the USAF Liaison Officer of the Office of Liaison Administration (OLA) at the USCG here in the HKSAR has advised that FO Osmanski's conduct is a flagrant misuse of the USERRA, which requires a reservist to contact his employer and return within a reasonable period of time."
"The OLA has discussed FO Osmanksi's case with the de facto Defence Attache, Captain Butterfield USN. Per advice from OLA,
Captain Butterfield has determined that CX may terminate FO Osmanski with prejudice. The OLA has now referred the matter to the Judge Advocate General (JAG) in Japan & Washington"
"The OLA, has tried without success to contact the Commanding Officer (CO) at Strike Fighter Squadron 204 from NAS New Orleans."
That is the guy that sent the "USERRA for dummies" document to CX. He not longer holds that post.
"The OLA has written to the CO, setting out Osmanski's obligations under the USERRA & also advising that the determination of Captain Butterfield is that CX can proceed to fire Osmanski on account of flagrant misuse of the USERRA."
We only heard one side of the story, now we hear the other side where the US defense attache in HKG is saying to fire the pilot. You would look pretty silly in court trying to sue a company for the breach of USERRA when the USN is saying "flagrant misuse of the USERRA" and fire him.