Traverse City Record-Eagle


April 24, 2013

Forum: More businesses should hire veterans

The Record-Eagle recently published several articles regarding local efforts to improve employment opportunities for military veterans, including the State Theatre’s initiative to give “preference in employment” to veterans of the Iraq and Afghanistan wars.

I commend the State Theatre for its “veteran’s preference” initiative and offering more employment opportunities to veterans, because this preference will not only employ a number of individuals with a history of hard work and dedication to service, but also offer well-deserved thanks and support to those who have already contributed so much to our country and Traverse City.

Veterans and their families should also be aware that we have a state law in Michigan called the Veterans Preference Act (“VPA”), M.C.L. 35.401, et seq., which gives beneficial employment rights to qualified veterans who currently work or hope to work within any public department or upon the public works of the state, county, city, etc. - with limited exceptions.

The VPA mandates that a qualified veteran “be preferred for appointment and employment” with most state, county and municipal levels of government. The VPA “was enacted for the purpose of discharging, in a measure, the debt of gratitude the public owes to veterans who have served in the armed services in time of war, by granting them a preference in original employment and retention thereof in public service.” Leelenau County Sheriff v Kiessel, 297 Mich App 285, 824 NW2d 576, 582 (2012) (internal quotations and citation omitted).

The VPA protects qualified veterans employed in many governmental jobs by essentially protecting them from most arbitrary or discretionary firings, because qualified veterans may only be terminated for “official misconduct, habitual, serious or willful neglect in the performance of duty, extortion, conviction of intoxication, conviction of felony, or incompetency.” M.C.L. 35.402. And a qualified veteran may not be terminated until he/she has had a proper hearing under the VPA, which affords him/her (1) the right to be present at the hearing, (2) the right to be represented by counsel and (3) the right to defend himself/herself against the charges against him/her. Id.

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