Contact your elected officials:
http://www.usa.gov/Contact/Elected.shtml
Prior to Mikes second mobilization in 2008 which would last 25 months, he worked as a ROTC Cadre for the Federal Government at the University of Wisconsin Stout in Menomonie, Wisconsin. His previous tour was from June of 2004 to November of 2005. Shortly after returning in November of 2005, he began his career with the ROTC as a Supply Logistician where he interacted daily with cadets training to become officers in the United States Army, Army Reserve, and the Wisconsin Army National Guard. A few of these Cadets had become Officers that he interacted daily with on his tour in 2009.
When Mike was hired to assist as a member of the cadre with the ROTC, he left his career in the private sector. Although it was less money, Mike felt the passion and importance of sharing his knowledge and lifelong familiarity as an American Soldier, which traces back to the Presidency of Ronald Reagan. At the time of his placement, a Department of Defense Contractor was in charge of the workforce across the Nation. During the duration of his career, he received encouraging reviews and never had any disciplinary events. Some would think that he was the ideal employee to have imbedded in such a responsible and honored position. That would all alter upon his homecoming from War.
During the time that Mike was fighting the War on Terror, a limited term employee was hired in his place. A method commonly practiced amongst employers in similar situations. Upon returning from War, Mike used up his terminal leave and requested reinstatement with the ROTC. When doing so, he was refused. Two weeks prior to his return, the Government decided they no longer wanted to wait for the Soldier they mobilized to return and hired his replacement. Clearly, this is in violation of USERRA law. His instantaneous recourse was to contact an organization called ESGR (Employer support of the Guard and Reserve), ESGR is federally funded organization to handle disputes between reservist and employers. The ESGR made immediate contact with the ROTC leadership at all levels without any success. Shortly thereafter, Mr. Samuel Wright became involved with Michael Hanke’s case. Samuel Wright is one of the main authors of USERRA law that protects Guard and Reservists from discrimination and fair employment rights. He made contact with Michael Hanke and his job situation, soon after he published a law review explaining the current situation. The names and places were changed to protect the individuals during the investigation.
LAW REVIEW 1016
Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
By Captain Samuel F. Wright, JAGC, USN (Ret.)
http://www.roa.org/site/PageServer?pagename=law_review_1016
If you have questions, suggestions, or comments, please contact Captain Samuel F. Wright, JAGC, USN (Ret.) (Director of the
Servicemembers' Law Center) atswright@roa.org or 800-809-9448, ext. 730.
After fruitless attempts by Michael Hanke, the ESGR, and Samuel Wright the Department of Labor was contacted. Unquestionably, the DOL could easily resolve this situation and allow him to return to work as United States Law dictates. After a lengthily DOL investigation that lasted close to five months long, they ruled on the side of Michael Hanke and ordered him to be reinstated and be paid back wages to April 6th of 2010. As of today, January 25, 2011 the ROTC and Cadet Command has ignored every decision by the ESGR, Samuel Wright, and the Department of Labor (Case number WI-2010-00016-10-G).
