Why is awol illegal

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Thinking about taking leave while your leave request is still pending? Think again or face discipline for being absent without leave AWOL. Employees may be charged with AWOL in many circumstances. Here are some examples that qualify:. At-will employees can be fired for any reason —including AWOL. However, your employer may have a policy that addresses misconduct and discipline. Depending on the policy and how strictly your employer enforces it, a single incident of AWOL may not be a fireable offense.

On the other hand, most federal government employees have the right to advance written notice and a chance to respond to certain disciplinary actions , such as suspensions of more than 14 days, demotions, and removals. For example, before suspending you for 30 days, your federal employer must give you a notice of proposed discipline that states you are charged with AWOL for being absent on specific dates.

If you are suspended, demoted, or removed for being AWOL, you may be able to file an appeal with the U. Security camera footage and swipe records can also show when you entered and exited the work building.

Companies who allow telework can track when employees logged into or out of work email and intranet. LWOP is an excused absence from work. However, employers have the right to deny LWOP requests. Desertion can be charged in a number of different cases and in several ways. The government's task after accusing an individual of desertion or AWOL isn't to figure out the reason behind the absence but to prove that the accused intended to remain away.

For example, if we can prove that you left suddenly to receive important medical treatment but planned to return as soon as possible, this may be a workable defense. Other defenses may include duress, former jeopardy, and mistake of fact. The length of the absence is one of a few factors that may be considered during a trial. If this occurs, you will be held in a local jail until you are transferred to a military jail, where you will remain until you have a military court date, which could take some time.

Military prosecutors will aggressively pursue penalties for deserters, as they pose dangers to the safety of other service personnel and the military's reputation. As a military serviceman, you may be anywhere in the world when you go AWOL. Rest assured that our worldwide military defense firm is available for you anytime, anywhere. We are a dedicated and skilled legal team that has the resources to handle your return to the military in a way that will reduce the consequences as much as possible.

Contact our office for legal military assistance for any AWOL situation you might have.